• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Has your disability claim been wrongfully denied or terminated? Call us today for help!  (888) 321-8131

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

OLF Ortiz Law Firm National Disability Attorneys

We appeal wrongful long term disability insurance and Social Security Disability denials.

  • ABOUT US
    • Our Team
    • Our Results
    • Areas We Serve
    • Core Values
  • PRACTICE AREAS
    • Administrative Appeals
    • Lawsuits
    • Lump Sum Settlement Offers
  • RESOURCES
    • Top 10 Mistakes That Will Destroy Your LTD Claim
    • Physical RFC Form
    • Mental RFC Form
    • Ultimate Appeal Checklist
    • Long Term Disability Case Study
    • Lump Sum Disability Buyout Calculator
  • BLOG
    • Long Term Disability Denials and Appeals
    • Medical Eligibility for Long Term Disability Claims
    • Eligibility for Long Term Disability Claims
    • Your Chances of Getting Approved for Disability Benefits
    • Additional Parts Of A Claim That Do Not Happen in Every Case
  • Search
  • CONTACT
  • ABOUT US
    • Areas We Serve
    • Testimonials
    • Our Team
      • Nick Ortiz
    • Our Office
    • Core Values
    • Referring Attorney Program
  • PRACTICE AREAS
    • Long Term Disability Claims
      • Administrative Appeals
      • Lawsuits
      • Lump-Sum Buyout Offers
    • Social Security Disability Claims
      • Initial Applications
      • Request for Reconsideration
      • Hearing Before an Administrative Law Judge
    • Personal Injury Claims
  • DISABLING CONDITIONS
    • Long Term Disability
    • Social Security Disability
  • INSURANCE CARRIERS
    • Cigna
    • Guardian
    • Hartford
    • Lincoln Financial
    • Matrix Absence Management
    • MetLife
    • Mutual of Omaha
    • Northwestern Mutual
    • New York Life
    • Principal
    • Prudential
    • Reliance Standard
    • Standard
    • Unum
  • RESOURCES
    • Blog
    • Free Downloads
    • Lump Sum Disability Buyout Calculator
    • FAQ: Long Term Disability
    • FAQ: Social Security Disability
    • Abbreviations in Social Security Disability Claims
  • Search
  • CONTACT

Mobile Menu

Schedule A Free Consultation Now!

Find out how our law firm can help you win your case or you don’t pay a cent.

(888) 321-8131

  • ABOUT US
    • Areas We Serve
    • Testimonials
    • Our Team
      • Nick Ortiz
    • Our Office
    • Core Values
    • Referring Attorney Program
  • PRACTICE AREAS
    • Long Term Disability Claims
      • Administrative Appeals
      • Lawsuits
      • Lump-Sum Buyout Offers
    • Social Security Disability Claims
      • Initial Applications
      • Request for Reconsideration
      • Hearing Before an Administrative Law Judge
    • Personal Injury Claims
  • DISABLING CONDITIONS
    • Long Term Disability
    • Social Security Disability
  • INSURANCE CARRIERS
    • Cigna
    • Guardian
    • Hartford
    • Lincoln Financial
    • Matrix Absence Management
    • MetLife
    • Mutual of Omaha
    • Northwestern Mutual
    • New York Life
    • Principal
    • Prudential
    • Reliance Standard
    • Standard
    • Unum
  • RESOURCES
    • Blog
    • Free Downloads
    • Lump Sum Disability Buyout Calculator
    • FAQ: Long Term Disability
    • FAQ: Social Security Disability
    • Abbreviations in Social Security Disability Claims
  • Search
  • CONTACT
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube
You are here: Home / Long Term Disability / Eligibility for Long Term Disability Claims / Is Age a Factor in Long Term Disability Claims?

Is Age a Factor in Long Term Disability Claims?

July 14, 2020 //  by OLF//  Leave a Comment


Reaching the Maximum Age for Benefits

Age is a factor in most long-term disability claims as most long-term disability policies have an age limit. Most disability insurance policies end either at age 65 or at the claimant’s Social Security Normal Retirement Age – which currently ranges between 65 and 67 years old. There are some exceptions to this – like if you apply for benefits over the age of 60, your benefits may have a “minimum benefit period” that may extend into your retirement years. Check your policy for the exact wording on age-out dates and restrictions.

Change in Definition of Disability After 24 Months: Transition from “Own Occupation” to “Any Occupation”

Age is also a factor when there is a change in the definition of disability. Most group LTD policies contain a provision that changes the definition of the term “disability” after 24 months. In order to be eligible for long term disability benefits during the first 24 months, most LTD insurance policies employ an “Own Occupation” standard. Namely, the claimant must be unable to perform the Material and Substantial Duties of his or her regular occupation due to a physical or psychological impairment.

After the initial 24-month period, a claimant may be eligible for continued benefits if he or she is unable to perform, with reasonable continuity, the Material and Substantial Duties of Any Occupation. A typical LTD policy defines “Any Occupation” as “any occupation that the claimant is or becomes reasonably fitted by training, education, experience, age, physical and mental capacity” to perform. Most courts have interpreted such language to mean that if you’re medically capable of performing virtually any job that exists in the economy, your LTD benefits may be terminated. This determination does not usually take into account whether such jobs are available, only that they exist.

Even if an LTD insurance company agreed to pay benefits because it found the claimant could not perform the material duties of his or her own occupation, the insurance company may find that the claimant can perform other work and cut-off benefits at the 24-month mark under the broader “any occupation” standard.

FacebookTweetPinLinkedInPrintEmail

Category: Eligibility for Long Term Disability Claims, Long Term Disability

Recent Posts

  • Marselle v. Unum – Kentucky District Court Finds Unum Made a “Reasoned Determination”
  • Foss v. Standard – “Own Occ” is With Any Employer, Not With Specific Employer
  • SSA Grid Rules Explained
  • What is a Trial Work Period? [2022 Update]
  • Can A Doctor Refuse To Fill Out Disability Forms?
Previous Post: « Does Your Occupation or Education Level Affect Your Long Term Disability Claim?
Next Post: Medical Requirements for Long Term Disability Evidence That An Insurance Company Will Use Against You»

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Top Ten Mistakes That Will Destroy Your Long Term Disability Claim

View All Resources


Vincent D.

In my personal opinion, Mr. Ortiz and his employees did a great job. The experience was 1st class. I was lost in the middle of a fight with social security and they carried me through. I thank God for this great team of professionals. I highly recommend them.

View All Testimonials

Complete this CONFIDENTIAL form or call (888) 321-8131 for a FREE case evaluation

  • This field is for validation purposes and should be left unchanged.

Practice Areas

  • Long Term Disability Insurance and ERISA Disability Insurance Claims
  • Social Security Disability Claims
  • Personal Injury Claims

Footer

Location

ORTIZ LAW FIRM
(888) 321-8131

316 S Baylen St
Ste 590
Pensacola, FL 32502
Monday - Thursday: 9:00 AM - 5:00 PM Friday: 9:00 AM - 2:00 PM
Saturday - Sunday: Closed

Our Team

  • Nick Ortiz
  • Jessica Ortiz
  • Dawn Keller
  • Tory Nelson

Practice Areas

  • Long Term Disability Insurance and ERISA Disability Insurance Claims
  • Social Security Disability Claims
  • Personal Injury Claims
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Site Footer

©2020 Ortiz Law Firm, All Rights Reserved. Reproduced with Permission | Disclaimer | Privacy Policy

Share this ArticleLike this article? Email it to a friend!

Email sent!