Any Occupation disability insurance coverage generally means you are considered disabled if you are unable to work in any gainful occupation for which you are reasonably qualified.
More specifically, the “any occupation” definition of disability considers all occupations or employment which you could reasonably be expected to perform in light of your age, education, training, experience, station in life, and physical and mental capacity, and within a reasonable distance or available in your regional labor market.
Any Occupation Disability Insurance – Tougher for a Claimant to Prove
Any occupation policies generally reduce or stop your benefit payments if, after disability occurs, you are able to work in any gainful occupation.
If you were practicing as a physician or dentist and making $750,000/year, you may not receive any of your disability benefit if you are disabled but still able to make $100,000/year in some other occupation.
Conversely, “own occupation” disability insurance covers policyholders who are disabled from performing the material and substantial duties of their chosen profession/specialty.
For example: An orthopedic surgeon suffers a back injury and can no longer perform routine procedures. Under the “any occupation” definition, the surgeon would receive a reduced benefit or lose benefits completely, if he or she continued practicing as an orthopedic surgeon. But under an own-occupation policy, that same surgeon would likely be eligible to receive full disability benefits for the full benefit period, regardless of any post-disability employment or income.
“Any occupation” policies will only grant benefits when the insured is disabled from working in any occupation that they’re reasonably qualified to do, based on education or previous experience
Continuing with our Orthopedic Surgeon example: say the surgeon has 8 years of previous work experience in pharmaceutical sales. Under an “any occupation” policy, his or her disability would have to be assessed according to the daily activities in the sales field as well. If the surgeon’s back injury only prevents him or her from bending over an operating table for 3 hours or more, but not from contacting clients by phone or in an office setting, the surgeon could potentially be refused compensation.
For a free legal consultation, call 800-562-9830
Arguments to Prepare for in “Any Occupation” Disability Insurance Claims
Insurers approach “any occupation” disability claims with the intent of finding any argument upon which to base a denial. Our attorneys prepare our clients for all possibilities, and ensure the claim or appeal is developed with compelling evidence including our own expert medical evidence, vocational assessments, occupational evaluations and proof of economic and financial disparity.
The “any occupation” standard of disability also leaves plenty of room for interpretation by the court as to when disability benefits should be paid. Factors such as payment amounts for a second occupation, and the availability of work, can be disputed on both sides of a disability insurance claim.
Attorneys Representing “Any Occupation” Disability Insurance Claim Denials
The doctor disability denial attorneys at Marc Whitehead & Associates has extensive experience appealing and litigating unfair claim denials based on the any occupation standard. We represent dentists, physicians and other disabled medical practitioners in State and Federal court against all major disability insurance companies in the U.S.
If you have questions, we have answers – no matter where you are in the claims process. Just dial 800.562.9830.
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