What Does the Phrase Regular Occupation Mean in My Long Term Disability Policy?
Many Long Term Disability policies say that you if are unable to perform your regular occupation you may be entitled to Long Term Disability benefits. But what does regular occupation mean? Regular occupation means the occupation you are in at the time that you became disabled. In Dionida v. Reliance Standard Life Insurance 50.fsupp2d.934 (N.D. CA 1999), the court held that regular occupation means “a position of the same general character as the insurers previous job, or similar duties and training requirements.”
The court noted that it could be determined by “a vocational evaluation performed comparing the character of duties and training requirements of the claimants job with the various other jobs in order to define the parameters of the claimants regular occupation.” Alternatively, the court pointed out that you could use the Dictionary of Occupational Titles. However, the court warned that any “identified job must involve similar duties to be construed within your regular occupation.”
If a Long Term Disability carrier is misconstruing what your job was at the time you became disabled you need the assistance of an experienced Long Term Disability ERISA denied attorney such as Nancy Cavey who assists Long Term Disability claimants who’s benefits have been denied in the Florida, Georgia and Alabama area.