Long term disability & functional testing for chronic pain

Hello,

I am presently on STD and am working with the insurer to transition to LTD. The STD approval was immediate. The underlying condition is chronic pain spanning decades with neurological deficits brought on by pain as well as other psychological issues.

The insurer reiterated the contractual requirements of long term disability being paid out which requires the inability to do one’s own occupation. I’m perhaps reading too much into this but perhaps they’re referring to functional testing?

  1. Is this common/normal practice for chronic pain sufferers for LTD claims?

  2. Despite the lack of verbiage about this in the insurance contract, the insurer brought up the ‘bar’ for the first two years of unable to do the essential duties of one’s ‘own occupation’ may involve a similar job at another employer. This is the first I’ve heard of this. Has anyone else seen this?

Thx

It sounds like the insurer suspects that you may have a toxic workplace, but would be able to perform your job in a non-toxic workplace.

Yes this is typical. To meet the bar to get LTD the first two years are that you can’t do your own occupation (at any employer). After two years it’s that you can’t do any occupation (at any empoyer) that you are qualified for. There are also common law standards that the any occupation clause must also meet the threshold of at least 60% of your pre-disabilty income.

Caro brings up a valid point. If you communicate to your insurer that part of your disabilty is a result of “bad/toxic” workplace then you’ve given the insurer lots of ammunition to deny your LTD claim. LTD is disability insurance not bad workplace insurance.

Hope that helps.

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Thanks for the replies. No, not a toxic workplace at all actually and I’ve communicated it as such in prior comms.

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