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Saturday, July 10, 2010

Long-Term Disability- Can the terms of my disability benefits change in the future?

Yes. During the first two years of your disability, many insurance carriers define “disability” to mean that you are unable to perform your “own occupation”, while other carriers define it as the inability to perform “any occupation”. IT IS VERY IMPORTANT TO GET A COPY OF YOUR LONG-TERM DISABILITY POLICY TO DETERMINE THE DEFINITION OF DISABILITY THAT APPLIES TO YOU. Generally, the burden is on you to prove that you can’t perform your own occupation. It is important to recognize that policies often change the definition of “disability” after you have received benefits for a fixed period of time. For example, you have been receiving benefits for 2 years because you cannot do your own occupation, however, your policy states that after 2 years of receiving benefits you have to prove that you cannot do “ANY OCCUPATION” to continue receiving benefits. It is much more challenging to prove that you cannot do “any occupation”, than it is to prove you cannot do your “own occupation”, and as a result many insurance carriers will cut off your benefits when the policy changes.

Your disability benefits will last until: 1) you are able to return to your “own occupation”, 2) your policy’s definition of “disability” changes to include “any occupation” and you do not meet this requirement, or 3) you reach the age limit stated in your policy. It is important to note that your insurance carrier can reevaluate your disability status and eligibility at any time. In addition, your carrier can check in with your treating physician at any time which is why it is critical that you see your doctor at least once every 3 months.

Call the Law Offices of Allan W. Ben P.C. today at 1-866-540-0677 to help you with your Long-Term Disability case. We have years of experience fighting on behalf of clients who are applying for Long-Term Disability, we will aggressively represent you in your case. If you are anywhere in the United States: Ohio, Arizona, New York, Illinois, Florida, in Michigan- Macomb County, Oakland County, Wayne County, Livingston County, Grand Rapids, Taverse City or anywhere else in Michigan and need help with your ERISA case, contact our office at

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