The Many Mistakes Vocational Evaluators Use in Long Term Disability Cases
Long Term Disability carriers routinely use vocational evaluators to determine whether or not you can return to your former job or there is a job that exists in the national economy. Vocational rehabilitation counselors eager to please the Long Term Disability insurance company, make a number of errors in reaching a favorable Long Term Disability insurance opinion.
These mistakes include:
1. Failing to understand the extent of your medical condition and the restrictions and limitations that you may have as a result of depression, fatigue, pace, concentration.
2. The opinions of functional capacity evaluators who determine the true extent of your physical restrictions and limitations. Once they can the vocational evaluator will cherry pick the medical and functional capacity evidence so that you have some sort of ability to perform sedentary work.
3. Vocational evaluators routinely fail to understand the definition of disability that is being used in each case.
It is very important that you review your Long Term Disability policy and understand the definition of a disability. In the first twenty four months of disability it is not uncommon to see a definition that includes a statement that will indicate that you are disabled if you are “unable to perform the material and substantial duties of your own or regular occupation due to illness or injury.”
Some vocational rehabilitation counselor will only consider the inability to perform the occupation without really understanding what your own occupation was at the time of your illness or injury. Or, more importantly what the material and substantial duties were.
Long Term Disability benefits denied lawyer, Nancy Cavey, will get from you and your employer your job description and will review what the is called the dictionary of occupational titles to see what job title was used by the Long Term Disability vocational evaluator in denying your claim.
Nancy Cavey, who understands complex vocational issues, as a result of her experience as a Workers’ Compensation and Social Security Disability lawyer, will also consult with an independent vocational evaluator to determine whether or not the insurance company’s vocational evaluation and opinion is legitimate.
If your Long Term Disability carrier is scheduling you for a vocational evaluation or has denied your claim for Long Term Disability benefits based on a vocational opinion, you need legal representation immediately. Contact Long Term Disability denied attorney Nancy Cavey who practices in the Tampa Bay area, if you have questions regarding your claim.