The Doctor Who Could No Longer Be a Surgeon: The Tale of a Long Term Disability Claim
Many physicians buy Long Term Disability policies which provides that disability benefits will be paid if they are unable to engage in their own occupation. If you have such a policy, I strongly suggest that you get out your policy and read the language. You must understand what the definition of total disability is. Some policies will define “total disability” as “unable to perform any job for which you are reasonably qualified or may become qualified because of your education, training or experience,” that’s an awful broad definition of a disability. These cases are usually dependent on policy language.
As a physician, you should purchase a Long Term Disability policy that pays Long Term Disability benefits if you are unable to perform “any” of the material and substantial duties of your occupations. In other words, if you are an orthopedic surgeon, you want the policy to provide for payment of total disability benefits if you are unable to perform surgery although you may still be able to perform office consultations.
Alternatively, you still may be entitled to residual disability benefits if you are only able to perform a majority of your job duties rather than all of your job duties.
Nancy Cavey has written the medical consumer guide to Long Term Disability policies, “Robbed of Your Peace of Mind.” It is crucial that you understand the terms of your Long Term Disability policy and know what the standard is for being entitled to Long Term Disability benefits. Remember each case is heavily dependent on the policy language in your policy. Don’t make a crucial mistake that will jeopardize your practice and family income.
For your free, no obligation consultation regarding the policy language in your Long Term Disability policy, call Tampa Bay’s Long Term Disability ERISA attorney Nancy Cavey at 727-894-3188 or visit caveylaw.com.