Long Term Disability Denials Based On Vocational Opinions
In determining whether you are entitled to Long Term Disability benefits, the Long Term Disability carrier must determine whether or not your diagnosis and disability prevent you from doing your own occupation during the first twenty four months of your disability and any occupation thereafter.
Long Term Disability carriers routinely use vocational rehabilitation counselors to review disability claims to determine whether or not you can do your former work or any work in the national economy. Unfortunately, vocational rehabilitation counselors hired by the Long Term Disability carriers make a number of mistakes. First, they will use the Residual Functional Capacity forms completed by the carrier’s doctors, which will most likely say that you can do at least sedentary work. The vocational rehabilitation counselor will rarely consider the opinion of your doctor about your abilities.
Secondly, they will determine that you have certain transferable skills based on the kinds of work you have done in the past that would make you able to engage in your current job or some job in the national economy.
Thirdly, vocational counselors will perform what is called a labor market survey, which will allegedly document that there are jobs available in the open market based on your age, education and transferable skills. However, labor market surveys don’t deal with reality. There might be jobs available but is there a job you can in fact obtain?
Vocational rehabilitation counselors never address these issues and when Nancy Cavey, Long Term Disability denied attorney, asks for this material, it’s never supplied.
If your Long Term Disability claim has been denied based on a vocational opinion, you may need the services of an experienced Long Term Disability attorney like Nancy Cavey. Ms. Cavey, who is well versed in transferable skills analysis and labor market surveys will obtain and review your Long Term Disability file and secure the services of a vocational evaluator who will give an honest opinion about your ability to do your former job or any work in the national economy.