The Latest Vocational Issues in Disability Claims: The Assessment of Own Occupation, Any Occupation, Dual Occupation and Employability; Defining Occupation in the National Economy; and Determining a Claimant’s Entitlement to Full or

January 21, 2016 4:05pm

Bonny G. Rafel

Bonny G. Rafel LLC

Larry Schneider
Disability Income Insurance Specialist
Disability Insurance Resource Center

Ellen Rader Smith OTR, CVE, CPE
Occupational Therapist,Vocational Evaluator
Ergonomist

Patricia Enriquez MA, CRC
Certified Vocational Rehabilitation Counselor
NYC Expert Disability Associates, LLC

  • What are the standards used to define: “Own Occupation” and “Any Occupation”?
  • How to define the material duties of a claimant’s “occupation” under an “own occupation” provision
  • The latest on “true own occupation” vs. “transitional own occupation”
  • The latest issues and challenges associated with defining one’s occupation “in the national economy”
  • What is the standard to determine whether the claimant can return to work?
  • Proving the inability to return to work for the first 2 years
  • Proving the inability to work in another occupation for the next several years
  • What happens when the insured is not working at the time of disability?
  • Navigating the implications and arising challenges when there is a change of definition from “own occupation” to “any occupation”
  • How do different LTD policies define the “any occupation” standard, and what are the implications of the different definitions?
  • Defining and interpreting “gainful” employment
  • Treatment of sedentary occupations in LTD claims
  • Determining whether a claimant is constrained by financial pressures and returns to work disabled
  • Understanding the Physician-Specific classifications/standards of “Modified Own Occupation” and “Medical Occupation” – what do these classifications mean and what effect do they have on entitlement to benefits?
  • Recent litigation trend in long term disability cases involving professionals, and especially doctors
  • Tightening clauses in the policy and defining exactly the material duties of a claimant’s occupation
  • Examining the approaches taken by insurance carriers in processing/evaluating vocational reports submitted by disability claimants
  • Recent challenges arising from claimants with dual occupations