The lawyers at Aaron Waxman & Associates are experienced with Disability, Personal Injury and Employment claims.
In order to be eligible for long-term-disability benefits, your LTD insurer has to find that you meet the definition of total disability.
Other terms you need to be familiar with are “own occupation” and “any occupation”.
Your own occupation is the occupation is your pre-disability occupation, the occupation you were in at the time your disability occurred.
Any occupation is any occupation for which you are reasonably qualified, or could become qualified for by reason of education, training or experience.
With most LTD policies, the tests are as follows:
Own Occuption Test: This test applies to the first 24 months of disability. Total disability means the inability to work at your regular occupation and perform the essential duties of your job.
Any Occupation Test: Total disability refers to the inability to work at any occupation. After the 24 month period, your eligibility for LTD benefits will be based on whether you are unable to perform the essential duties of any occupation for which you are reasonably qualified, or could become qualified for, by reason of education, training or experience.
It is important to read your own policy to find out what tests are applicable and when they apply.
You should also know that some insurers will provide you with vocational training to help you to find another job that is more suitable for you if your disability is ongoing and prevents you from returning to your pre-disability occupation. This is what is meant by the phrase “or could become qualified for, by reason of education, training or experience”.
As always, keep track of your symptoms and pain levels and report everything to your doctor. Continue regular treatments and visits with your doctors and treatment providers.
Aaron Waxman and Associates is a Toronto Personal Injury Law Firm that specializes in long term disability claims. Contact us for a free consultation and learn how we can help you with your claim.
* This blog is for informational purposes only and is not meant to substitute legal advice. Please read our disclaimer for further information.
* All of our lawyers are licensed by The Law Society of Upper Canada
* Office in Toronto and able to represent people in the province of Ontario