The definition of “any occupation” of short-term or long-term disability indicates that benefits will only be granted if the illness or injury has interfered with your ability to work in almost any occupation for which you are reasonably eligible, depending on your situation. previous experience and level of education. This test becomes a defining test after two years of any form of disability that determines if you are still eligible for disability benefits.

The courts generally take two factors into account when interpreting provisions relating to a profession. First, your injuries should be assessed as a whole, which means that if you are not suffering from physical injuries, it should not be assumed that you are able to return to official duty while ignoring the cognitive and emotional issues that you are susceptible to. to prove.

In addition, the court will analyze whether your profession is something for which you are reasonably qualified. For example, a former CEO (CEO) cannot be denied disability benefits just because he or she may be employed as a telemarketer. The judge or jury will determine if the current job is reasonable by determining the type of duties and compensation provided by your previous job responsibilities before you became disabled.

The difference between own occupation and any occupation

Suppose the provisions of your insurance policy constitute a test of “own occupation”. In this case, you may be eligible for disability benefits if the illness or injury has a direct impact on your ability to perform a significant part of your profession. Indeed, this provision is the most lenient because it takes into account your ability to perform your specific job. On the other hand, “any profession” is more difficult to respect than the “own occupation” clause, which is more precise.

Do you need legal help?

Suppose you were denied benefits because you failed the “any occupation” or “own occupation” test. In this case, it is essential to obtain legal advice from an experienced lawyer to ensure that your right to disability benefits is protected. Most disability insurance providers are notorious for terminating disability benefits unfairly by simply interpreting the “any profession” clause restrictively.

The court takes many factors into account when interpreting this provision. For example, the judge will look at the possibility of finding work, the amount of compensation you are likely to get, and your mental and general well-being.

Having an experienced disability lawyer with you could increase your chances of getting the amount of disability benefits you are entitled to. Your lawyer will work hand in hand with qualified healthcare professionals to gather sufficient evidence to support and prove your inability to work. For example, if you are diagnosed with acute depression, a trained psychiatrist is a more appropriate expert witness than a general health care provider.

The concept of the “any occupation” test is complex and most people do not know what to do if their benefits are refused on the basis of a test failure. In this case, it is in your best interest to seek help from a reputable disability lawyer.