The Material and Substantial Duties Game and Your Claim for Long Term Disability Benefits
Has your Long Term Disability benefit claim been denied because the Long Term Disability carrier says that you can return to the material and substantial duties of your own occupation? If so, you may have been set up by a Long Term Disability vocation rehabilitation counselor.
More often that not, insurance company vocational evaluators don’t always know what your job was at the time that you became disabled and frequently don’t understand the material and substantial duties of your job, particularly as performed by your employer.
If your Long Term Disability policy provides for the payment of Long Term Disability benefit based on the material and substantial duties as performed by your particular employer, it is crucial that the Long Term Disability carrier get an accurate and complete job description from your employer. More often than not, and unfortunately your employer will simply send a generic job description.
Without any real understanding of what your duties really involve, the Long Term Disability vocational evaluator will opine that you can go back to your old job. Nothing can be further from the truth.
If your claim for Long Term Disability benefits has been denied, you need to contact a ERISA Long Term Disability attorney, Nancy Cavey, who’s experience as a Workers’ Compensation, Social Security and ERISA attorney is crucial.
Ms. Cavey will obtain and review a copy of your Long Term Disability file, contact your employer for a job description and get statements from you and former employees regarding the material and substantial duties of your occupation.
This information can be presented to an independent vocational evaluator to determine whether or not you can return to the material and substantial duties of your own occupation.
Don’t delay! Contact Florida based, Long Term Disability benefits denied lawyer Nancy Cavey.