Long Term Disability policies normally say that after the payment of two years of benefits, you must prove that you are unable to do the material and substantial duties of any occupation by which you are experienced as a result of your age, education and transferable skills.
One the most common tricks is for Long Term Disability carriers to pick jobs like video surveillance monitors and justify their denial based on the existence of a job like video surveillance monitors or even day guard monitor.
In Moore v. American United States Life Insurance Company, 150 cal.app 3d 610, 630, the California court that in an individual disability policy that California law “requires that the real world employment marketplace be considering whether an insured is totally disabled.”
They noted that insurance law recognizes that “the actual employment prospects of the insured are to be considered.” Holding that “test is not some fantasy or imaginary occupation in which there is no likelihood of anyone employing the insured.”
If your Long Term Disability claim has been denied on the basis that you are capable of performing some job like video surveillance monitor, gate guard monitor or security guard, you need to immediately contact experience Long Term Disability attorney Nancy Cavey so that you can timely file an appeal within 180 days.
It is important that the vocational evidence be established that addresses if in fact you are capable of doing the job identified by the Long Term Disability carrier and whether or not such a job actually exists in a manner consistent with your restrictions and limitations.