When filling out a long-term disability (LTD) claim form, the details count. An accurate job description on your claim form is essential. Without it, you cannot prove that you cannot do your job. Vague descriptions can result in an LTD claim denial.
You can file a claim without an attorney. However, LTD insurance eligibility is complicated. It is easy to make a mistake resulting in the initial rejection of your claim. At Marc Whitehead & Associates, we offer long-term disability application assistance that increases the likelihood of a successful outcome. We are based in Houston, TX, and we serve clients nationwide. Our number one goal is to help you get the cash benefits you may be entitled to receive.
The Definition of Disability Changes
The definition of disability depends on the specific language in your policy. If you have an “own occupation” policy, it should become effective when you cannot perform your job due to health reasons. Policies with stricter provisions provide benefits only if the policyholder cannot work at any occupation in line with their experience, education, and training.
With most policies, the definition of disability changes from “own occupation” to “any occupation,” usually within two years. For some insurers, the definition changes at 12 months. Once that happens, you must prove that you cannot do any work to continue to receive your benefits.
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The Any Occupation Phase
In the “any occupation phase,” much depends on the policy and its fine print. For example, a policyholder suffers a back injury, leaving them unable to do any work requiring physical labor. The applicant must prove that their medical condition does not allow them to do sedentary work once the “any occupation” phase starts.
How Job Descriptions Can Help or Hurt Your Disability Claim
Start with your employer’s job description and read carefully to see if you are performing the tasks listed. Take note of any work you do that is not listed.
For instance, if your official title is administrative assistant, that is generally deemed a sedentary position by insurance companies. However, suppose you spend most of the workday filing, making photocopies, going up or down stairs, or other activities that keep you on your feet. In that case, your job title or description is inaccurate.
You might be denied LTD benefits if your job is sedentary but receive them if you must walk or stand on your feet for long periods. Again, it is all in the fine print. An experienced long-term disability attorney can ensure your job description is comprehensive and accurate.
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Tips for Describing Job Duties on Your LTD Application
When it comes to describing your job duties on the LTD application, accuracy is key. Here are some essential tips to follow:
- Explain the physical demands of your job in detail.
- Explain the job’s intellectual demands so that more than physical labor is considered.
- Note how long you must sit, stand, walk, or carry heavy objects in a typical workday.
Documentation is the bottom line. When the insurer reviews your application, vagueness in the job duties description often leads to vocational assessment errors. The goal is to state your job duties as comprehensively as possible.
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What Not to Do When Describing Job Duties
Avoid the temptation to make your job seem more important or involved than it is. If your skills are marginal or not used often, do not include them. Remember, your LTD application is the opposite of a job application. You are not trying to embellish your resume. Do not exaggerate your abilities.
On the Training, Education and Experience Form, do not mention any vocational training or education you did not complete. For example, do not include duties you think you could do but possess no formal training or experience.
Contact an Experienced Long Term Disability Attorney
When disability strikes and you cannot work, you need your LTD benefits to keep a roof over your head. If this has happened to you, you need the services of a lawyer for long-term disability at Marc Whitehead & Associates. Schedule a free, no-obligation consultation today. We could review your policy and help you with an initial claim or an appeal.
Call or text 800-562-9830 or complete a Free Case Evaluation form
