Own Occupation v. Any Occupation
The primary reason why benefits are cut off after two years is that under most policies, not every policy, but most policies, there’s a change in the way that they’ve defined the term disability. Under most policies, for the first two years, you are disabled so long as you cannot perform the material duties of your occupation. This is oftentimes referred to as the own occupation or “own occ” period because they’re looking at whether you can do your own occupation.
But also under most policies, after two years or 24 months of benefits, the definition changes such that they look to see whether you can perform the material duties of any occupation, and that’s oftentimes referred to as the any occupation or “any occ” period. Therefore, in many cases, the insurance company will say, “We agree that given your medical problems you cannot perform the material duties of your job, but after two years we think that there are other types of work that you may be able to perform, even taking into account your medical condition.” That’s why they oftentimes will send you a letter cutting you off at the two-year mark.
Appealing the Decision to Cutoff Your Claim After 2 Years
If you are cut off after two years, it’s very important that you file an appeal within the time required by the cutoff letter. That’s why it’s important to contact an experienced attorney to help walk you through how you can appeal the decision, and how you can prove that your disability not only keeps you from doing your job, or your own occupation, but that it keeps you from being able to do any job, or “any occ”. If your LTD benefits have been cut off by the insurance company after this 24-month period, then I encourage you to contact an experienced LTD attorney.
Now, your cutoff letter should specify a certain time within which you have to file any appeals. In most cases, it’s 180 days from the date of the letter. You should make sure to file your appeal within that time, as the failure to do so is a common mistake that people make. There are other common mistakes that people make, and that’s why I wrote a book called the Top 10 Mistakes That Will Destroy Your Long Term Disability Claim. I encourage you to download a free copy of this book, or if you want to talk to someone right away, please give us a call at (888) 321-8131. We look forward to hearing from you.