An interesting and cogent article came across the computer that I wanted to share with my readers. First, I would like to make it clear that I am not a disability claims lawyer. I am an estate planning lawyer. However, disability insurance does factor into a person’s estate planning. In previous articles I have noted that a long term disability can ‘trigger’ major changes/adjustments to a person’s estate planning goals.
With that said, I also handle contracts for my clients. One might suggest that any long term disability (LTD) policy is similar to a ‘business’ contract. For the most part and simply put; both are written agreements and are binding and both are usually detailed.
In any contract or policy – the ‘devil can be in the details’ and even one word can make a difference. An example is the difference between “own” and “any” in a long term disability (LTD) policy. Yes, that one word can make an enormous difference to a disability claim.
For an excellent synopsis explaining that difference, I refer readers to an article by Gordon Gibb * titled: “LTD Denial: Understanding “Own Occupation” vs “Any Occupation”” (published December 6, 2017. Washington, D.C.)
As Gibbs clarifies – the standard of “any occupation” …Under this standard, total disability is based upon the inability to perform work in any occupation.”
My note – The emphasis is on that single word ANY.
Long term disability insurance is a specialized field of law and for those with a long term disability the best alternative might be to consult with a lawyer in the field of LTD policies when there are questions about continuing long term disability policy coverage.
* “Gordon Gibb is a writer, broadcaster and media specialist who has contributed (to LawyersandSettlements) since 2007. His specialty is getting to the heart of an issue quickly, and complex subjects are more easily understood in his hands. His work has appeared in major international magazines and newspapers, and his two books on Nobel Peace Prize winner Lester B. Pearson were published in 2006 and 2015 respectively…”www.gordongibb.com (The Voice of Versatility) and you can follow him on Facebook.
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