lexigsd
Aug 19, 2008, 12:52 AM
Since I am on Social Security Disability, how is it that my long term disability insurance carrier told me they can still deny me after 2years under the "any occ." ---they used a different term. What it amounts to is that if they determine I can work at any job even if it is not the job I was employed at when I became disabled they can terminate my benefits. How is this? What can I do about it?
THank you very much,
Tracy
jasking
Sep 10, 2008, 02:33 PM
I would advise you to reread your LTD policy to find out whether it continues coverage on you under a "customary occupation" scenario or under an "any occupation" scenario. Usually, the policies that provide coverage when you're disabled from your "customary occupation" (the one you were doing when you became disabled) are more expensive than the ones that provide the "any occupation" coverage only (because you're much more likely to be disabled from doing what you're used to doing than you are likely to be disabled from doing anything) consequently, LTD policies that are employer-provided are usually "any occupation" type of policies.
If you find out that your policy covers only disabilities from "any occupation," there isn't anything you can do about that fact, as you won't be able to increase the coverage level now that you're disabled.
If you find out that the policy's wording is vague, I'd recommend you contact your state's Department of Insurance and file a complaint about the claim denial. Generally, any vague language in a contract is interpreted in favor of the disadvantaged party to the contract... in this case you, since you're not an insurance expert and the company is supposed to be one.
If you get no result from that, you might want to consult with an attorney, as most will accept such cases on contingency fees. However, those fees are pretty high, so you may not wind up getting much out of the settlement and that's IF you win.