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Executives are typically high level, senior executives within an organization. They provide leadership and oversight, work with other senior executives to achieve organizational goals, and often have a proven track record of strategic planning and execution. Executives are well compensated for the high level of skill required to perform their jobs. If an executive becomes disabled and applies for long-term disability, they will have difficulty getting approved.
Why is that? The insurance company looks at the case from a financial standpoint. It determines how much money it will cost to provide the executive with benefits for the duration of the illness or disability. The longer it might take for the executive to return to work, the more scrutiny the executive will face in the claims process. This article will explore why it’s so difficult for executives to file long-term disability claims and how to prepare a winning claim.
Duties and Responsibilities of an Executive
Executives have many duties and responsibilities. Here is a short list of just some of the duties and responsibilities of an executive:
- Participate in the hiring and training of new team members.
- Coordinate with various teams and stakeholders as needed.
- Lead status update meetings.
- Oversee all team operations to ensure projects are completed on time and on budget.
- Manage budget and production schedule.
- Be responsible for the overall successful operation of the team.
- Manage a diverse, multi-disciplinary team of professionals.
- Set clear goals and objectives for the team.
- Report directly to senior management.
- Delegate responsibilities to subordinates and provide guidance and direction.
- Serve as a liaison between other members of the leadership team and subordinates.
- Evaluate subordinates and provide constructive feedback.
- Manage employee concerns in conjunction with Human Resources.
- Contribute to maximizing efficiency and productivity.
- Maintain a keen awareness of market and industry trends.
Depending on the company, sample executive requirements and qualifications may include:
- Bachelor’s, MBA, or Master’s degree in business administration or a related field.
- Significant industry experience.
- Leadership or management experience.
- Exceptional communication skills, both written and oral.
- Strong team building skills and ability to motivate others.
- Team player attitude and willingness to collaborate.
- Willingness to take responsibility and act independently when necessary.
Executive Level Job Titles
Peter F. Drucker wrote perhaps the seminal book on management, The Effective Executive, in 1967. When asked how he defined the term executive, Drucker was quoted in a Fast Company article titled “Who Is an Executive?” as saying:
“Every knowledge worker in a modern organization is an “executive” if, by virtue of his position or knowledge, he or she is responsible for a contribution that materially affects the capacity of the organization to perform and to obtain results.
What few yet realize, however, is how many people there are even in the most humdrum organization of today, whether business or government agency, research lab or hospital, who have to make decisions. For the authority of knowledge is surely as legitimate as the authority of position. These decisions, moreover, are of the same kind as the decision of top management.
The most subordinate, we now know, may do the same kind of work as the president of the company or the administrator of the government agency, that is, plan, organize, integrate, motivate, and measure. His compass may be quite limited, but within his sphere, he is an executive.”
Traditional job titles that are considered to be at the executive level include:
- President
- General Manager
- Senior Vice President
- Vice President
- Executive Vice President
- Senior Manager or Head
- Director
- And other “C-suite” or “C-level” executives.
C-suite or C-level executives are the top “bosses” of a company. C-suite job titles include:
- Chief Executive Officer (CEO)
- Chief Experience Officer (CXO)
- Chief Operating or Operations Officer (COO)
- Chief Information Officer (CIO)
- Chief Investment Officer (CIO)
- Chief Marketing Officer (CMO)
- Chief Brand or Banking Officer (CBO)
- Chief Compliance Officer (CCO)
- Chief Technology or Technical Officer (CTO)
- Chief Finance or Financial Officer (CFO)
- Chief Learning or Legal Officer (CLO)
In a Fast Company article titled “Your C-Suite Is Way Too Crowded,” Russell Fleischer says that “C-level fever” now includes some of the newer C-level titles:
- Chief Revenue Officer (CRO)
- Chief Customer Officer (CCO)
- Chief Product Officer (CPO)
- Chief Communications Officer (CCO)
- Chief Sustainability Officer (CSO)
- Chief Listening Officer (CLO)
- Chief Information Security Officer (CISO)
But the C-level executive job titles don’t end there. In an article on The Balance, job search and career expert Alison Doyle added the following titles to this list:
- Chief Accounting Officer (CAO)
- Chief Applications Architect (CAA)
- Chief Administrative Officer (CAO)
- Chief Contracting Officer (CCO)
- Chief Data Officer (CDO)
- Chief Development Officer (CDO)
- Chief Information Technology Officer (CITO)
- Chief Risk Officer (CRO)
- Chief Underwriting Officer (CUO)
- Chief Procurement Officer (CPO)
Executive Skills
In short, here is a list of the top 10 skills an executive may need in their job:
- Complex problem solving
- Critical thinking
- Creativity
- Managing people
- Coordination with others
- Emotional intelligence
- Judgment and decision-making
- Service orientation
- Negotiation skills
- Cognitive flexibility
Tips for a Successful Claim
Tip #1 Gather Strong Medical Evidence
Medical records are the foundation of any long-term disability claim. Gather all medical evidence from your doctors who are treating your disability. Make sure that your doctors note your pain levels and cognitive difficulties in your medical records. This is not always common practice, but you will need detailed documentation for your claim.
For example, let’s say a claimant has a significant back injury (such as a herniated disc), and can’t sit, stand, or even walk for very long. The most comfortable position is for the claimant to lie down for 50% of the day to relieve the pain.
Not many jobs will accommodate the need to lie down for half of the day. Therefore, the claimant will want to obtain “objective medical evidence” to support the subjective complaints of pain. Objective evidence may include MRIs, X-rays, etc.
Tip #2 Anticipate Surveillance
A large monetary claim – such as one for an executive – will likely require video surveillance. Surveillance is perfectly legal. During the surveillance period, a private investigator will stake out the claimant’s home, talk to nearby neighbors about the claimant’s daily activities, and then try to use this information against the claimant in the administrative decision (or in court). For this reason, it is important not to rush back into exercise routines or anything very strenuous for the body during the claim period.
Tip #3 Stay Off Of Social Media
In our article here, we discuss the likelihood of social media accounts being monitored. As a busy executive, you probably do not have much time to spend on social media. However, when you are at home with nothing to do but relax, you may be tempted to create an account on a social media platform such as Facebook, Linked In, Twitter, Instagram, or Snapchat. We recommend that you stay off social media completely during the claim period. The insurance investigator will try to use posts on social media accounts to deny your claim.
Tip #4 Don’t Try to Return Back to Work Too Quickly
The amount of time spent recovering from a disability can be tedious and feel unproductive to an executive. Going from a very active schedule to weeks (and perhaps months or even years) of rest can feel like a prison sentence. Executives must resist the urge to go back to work too soon. If an executive rushes back to work before they are physically and mentally ready, the executive runs the risk of making a mistake that could cause more harm.
Tip #5 Don’t Forget Cognitive Issues
Individuals suffer from “cognitive impairment” when their ability to think and process information is reduced (for whatever reason). Examples include when the individual struggles with basic cognitive functions, such as memory processing, perception, problem solving, and language.
Symptoms of cognitive impairment can vary greatly from person to person; but common symptoms include short- and long-term memory loss; difficulty planning, organizing, and solving problems; confusion; an inability to cope with stress; problems with time managment; and difficulty managing, influencing, and communicating with others. Cognitive impairment can even have physical manifestations, such as poor motor coordination.
Cognitive impairment can result from many serious and disabling medical conditions, such as delirium, dementia, amnesia, Alzheimer’s disease, Parkinson’s disease, or Huntington’s disease. Cognitive impairment can also occur as a result of other medical problems/diagnoses, including a stroke, heart disease, brain injury, major depression, an anxiety disorder, insomnia, high blood pressure, chronic migraines, lupus, Raynaud’s phenomenon, and fibromyalgia. This is not an exhaustive list of causes. There may be other diagnoses that cause cognitive problems.
While the language of each short- and long-term disability policy is different, you are generally eligible for disability insurance benefits if you are unable to perform the material and substantial duties of your own occupation or any gainful employment for which you are qualified by education, training, and experience.
It seems clear that when an executive suffering from cognitive impairment, regardless of the cause, would have difficulty performing the material and substantial duties of an executive. However, insurance companies do not always pay benefits, even when their liability seems obvious. Too often, the attorneys at the Ortiz Law Firm have seen insurance companies/ERISA administrators claim that an insured has the “functional capacity” to return to work even when suffering from conditions such as cognitive impairment.
An insurance company may require the claimant to undergo an “independent” neuropsychological examination. Keep in mind that this examination is conducted by a medical professional hand-picked by the insurance company that is paying the bill. As you can well imagine, the paid neurophysiologist often produces a biased report concluding that the claimant has the residual capacity to return to work, regardless of the limiting cognitive impairments from which they suffer.
The Ortiz Law Firm has extensive experience assisting claimants in this situation and has successfully convinced insurance companies to reverse their denial decisions, even when the results of an unfavorable neuropsychological examination initially supported that decision.
Get Help with Your Long-Term Disability Claim
Executives will find it challenging to get a long-term disability claim approved. The insurance company will look for virtually any reason to deny the claim. By providing strong medical evidence, keeping a low profile, and not rushing back to work too soon, an executive can build a solid case for disability.
Using an experienced disability attorney will help you protect yourself from insurance investigators. The Ortiz Law Firm is based in Florida, but represents claimants nationwide. Call (888) 321-8131 for a free, no obligation case evaluation. We can help you evaluate your claim to determine if you can access long-term disability benefits and how to proceed.
