Own Occupation Disability Insurance pays benefits if the claimant is not able to perform the usual or customary duties of his or her own occupation. Nevertheless, many insurers attempt to characterize insureds that are unable to perform some but not all of their important duties as Residually, rather than Totally Disabled.
This determination, which can result in very substantial underpayments, is according to Ray Bourhis, “flat out wrong”. Own Occupation insurance coverage means that if you are unable to perform your substantial and material duties in the usual and customary manner you are entitled to Total not Residual benefits. Period.
Professionals, educated, trained and insured to perform specific duties, should never accept a partial disability determination if they cannot perform any of their normal and customary duties due to a long term disability.
We are long-term disability lawyers. It is all we do and we may be able to help.