Insurers may use vocational exams in their strategy to deny disability claims for medical professionals. The evaluation involves a vocational expert, or analyst, who will assess your residual functional capacity (RFC), skills, aptitude and other occupational demands.
The vocational assessment further helps the insurer “decide” what occupations you can still do despite your impairment, and to determine whether you can return to your past work, or other work.
But, as with the IME and the Medical File Reviews, things are not always as they seem. Vocational reviews are often flawed, one-sided, or make irrational suggestions for occupations.
Issues to watch for when vocational exams are scheduled by the insurance company:
- Relying on the DOT to define vocational demands. The insurer will use the Dictionary of Occupational Titles (DOT) to define the specialty occupations of the physician, surgeon, chiropractor, dentist, nurse or other medical practitioner submitting a disability claim. This outdated (1999) database contains definitions that are much less exacting than the actual medical or dental occupation as intended to be covered by the policy. By classifying a physician’s or dentist’s occupation to be something it is not, insurance companies have a subtle way, albeit less than fair, to “validate” a disability claim denial.
- Selectively sending information to the Vocational Exam Evaluator. The insurer may “cherry pick” the evidence given to the vocational evaluator, selecting only the information they want to be used in the assessment.
- Transferable Skills. Another common argument posed by insurance companies is that the claimant, being a dentist, or surgeon or chiropractor and with years of education and training, can do many other jobs, whether in a medical field or in some other field. Insurers arrange for vocational exams to evaluate the disabled physician or dentist, in order to demonstrate they do have marketable, transferable skills and can therefore assume duties of other occupations.
- Ignoring the doctor’s actual impairments. A vocational examiner may focus on a doctor’s job as “light” and “sedentary” and downplay the actual demands of the medical specialty. Our attorneys have handled cases where vocational exams report that a disabled doctor is able to sit, stand and walk, and therefore is not totally disabled. These reports fail to mention the doctor’s actual disabilities, such as being unable to concentrate on several complex medical issues at once, unable to function at problem solving, loss of hand strength and manual dexterity, unable to stand for prolonged periods in awkward positions – or any number of other material and essential duties that go far beyond the ability to sit, stand, walk or “perform a sedentary job.”
For a free legal consultation, call 800-562-9830
We challenge flawed vocational exams in a disability benefit denial.
Our doctor disability claim denial attorneys consult with qualified vocational experts to get opinion evidence rebutting an insurance company’s denial based on their internal vocational exam. We develop proper evidence regarding your “Residual Functional Capacity” that is the key to your disability claim. We work to effectively rebut the credibility of the insurer’s vocational exams and/or consultants.
At Marc Whitehead & Associates, we have the expertise and experience to assist dentists and physicians at any stage of the long term disability claims process. Please call toll-free at 1-800-562-9830 for prompt, professional assistance.
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