How A Job Description Can Cost You Your Florida Long-Term Disability Benefits
When a long-term illness or injury prevents you from doing your job, employer-provided long-term disability (LTD) insurance steps in. However, insurers often dispute claims and a common tool is the job description.
Our experienced Jacksonville long-term disability lawyer explains the focus on occupation, what the insurer is really doing, and how to push back.
How Insurers Use Your Job Description To Dispute Benefits
Long-term disability insurers in Florida scrutinize job descriptions, looking for ways to argue that you can still work. Understanding how your policy defines “disability” matters when filing a claim, particularly if the insurer tries to deny or dispute benefits.
Most employer-provided LTD policies start with an “own occupation” definition, which covers you if you can no longer perform specific duties related to your job. After 24 months, many policies shift to an “any occupation” standard, meaning you must prove you cannot perform virtually any type of work. That transition is when many Florida claimants lose their benefits.
To support a denial, insurers often hire vocational experts who rely on the U.S. Department of Labor’s Dictionary of Occupational Titles (DOT). It classifies jobs by skill level and physical demand, but it’s outdated. Here’s how this often plays out:
- The insurer may use a generic DOT job title to minimize the physical or cognitive demands of your role.
- Tasks unique to your workplace, such as heavy lifting, extended computer use, or frequent travel, may be stripped out entirely.
- The vocational expert hired by the insurer may identify alternative jobs you could do, but they are likely to be outdated or nonexistent.
- Your employer’s standard job description, which may not detail all tasks, often gives insurers additional reason to deny the claim.
Understanding how insurers can use occupation descriptions against you can help protect your rights in a Florida long-term disability claim.
What You Can Do to Protect Your Florida Long-Term Disability Benefits
Under the Employee Retirement Income Security Act (ERISA), a federal law that governs employer-provided LTD policies, you typically have one opportunity to appeal a denial, and the court is limited to the evidence already in the claims file.
Building a strong record from the start is essential. Take these steps:
- Write a detailed description of your daily job duties, including physical demands, cognitive requirements, and time pressures.
- Ask your physician to document how your symptoms limit your ability to perform work tasks.
- Request a copy of your file from the insurer, which you are entitled to under ERISA.
- If the insurer used a vocational expert, review their report for errors or outdated job classifications.
To protect yourself against insurer tactics, get professional legal help from our experienced Florida long-term disability lawyer.
Contact Our Experienced Florida Long-Term Disability Lawyer Today
Concerned about your benefits or how the insurer is classifying your occupation? Contact Farrell Disability Law and request a consultation in our Orlando or Jacksonville office. Our experienced Florida long-term disability lawyer can review your policy, your job description, and the insurer’s reasoning to help you build the strongest possible case.
Sources:
dol.gov/agencies/oalj/topics/libraries/LIBDOT
dol.gov/general/topic/retirement/erisa
