Often, in the first two years following the onset of a disability, the test for total disability may focus on the person's ability to perform the duties of their own job. The test for total disability may be met if the person is unable to perform the important or essential parts of their own occupation.
Following the first two years, the test may change to be more restrictive. Often, to obtain disability benefits beyond two years, a total disability may be established where the person is unable to work in any occupation for which they are suited by education, training or experience.
There are many court decisions interpreting the meaning of a total disability for a person's own occupation and any occupation. If an insurance company has declined disability benefits, you should consult with a lawyer about your rights. Iacobelli Law Firm may be able to assist you in recovering disability benefits if you have been unfairly denied benefits. For a FREE, no obligation, Consultation call us 24/7 at 1-866-234-6093 or complete our online contact form here.