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

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The Challenges Sales Representatives Face When Filing For Long Term Disability


A sales representative actively seeks out and engages customer prospects. A good sales rep provides complete and appropriate solutions for every customer in order to boost top-line revenue growth, customer acquisition levels, and profitability.

In this article, we will explore the following:

  • Why it’s so difficult to file for disability as a sales representative
  • How to create a winning claim

Why Is It Challenging to File LTD For a Sales Representative

Sales representatives have a lot of duties and responsibilities. Here is a shortlist of just some of the duties and responsibilities of a sales representative:

  • Present, promote and sell products/services using solid arguments to existing and prospective customers
  • Perform cost-benefit and needs analysis of existing/potential customers to meet their needs
  • Establish, develop and maintain positive business and customer relationships
  • Reach out to customer leads through cold calling
  • Expedite the resolution of customer problems and complaints to maximize satisfaction
  • Achieve agreed upon sales targets and outcomes within schedule
  • Coordinate sales effort with team members and other departments
  • Analyze the territory/market’s potential, track sales and status reports
  • Supply management with reports on customer needs, problems, interests, competitive activities, and potential for new products and services.
  • Keep abreast of best practices and promotional trends
  • Continuously improve through feedback

Depending on the company, sample sales representative requirements and qualifications may include:

  • Proven work experience as a sales representative
  • Excellent knowledge of MS Office
  • Familiarity with BRM and CRM practices along with ability to build productive business professional relationships
  • Highly motivated and target driven with a proven track record in sales
  • Excellent selling, communication and negotiation skills
  • Prioritizing, time management and organizational skills
  • Ability to create and deliver presentations tailored to the audience needs
  • Relationship management skills and openness to feedback
  • BS/BA degree or equivalent

Similar Job Titles include:

  • Account Coordinator
  • Account Director
  • Account Executive
  • Account Manager
  • Account Representative
  • Account Supervisor
  • Assistant Account Executive
  • Business Development Manager
  • Business Development Representative
  • Client Relations Manager
  • Commercial Director
  • Engagement Manager
  • Field Sales (Outside Sales) Representative
  • Inside Sales Manager
  • Inside Sales Representative
  • Insurance Agent
  • Insurance Sales Representative
  • Junior Account Manager
  • Key Account Manager
  • National Account Manager
  • National Sales Manager
  • Regional Sales Manager
  • Relationship Manager
  • Sales Account Executive
  • Sales Account Manager
  • Sales Administrator
  • Sales Assistant
  • Sales Associate
  • Sales Consultant
  • Sales Coordinator
  • Sales Director
  • Sales Engineer
  • Sales Executive
  • Sales Manager
  • Sales Support Specialist
  • Sales Training Specialist
  • Senior Account Executive
  • Senior Account Manager
  • Strategic Account Manager
  • Telemarketer
  • Telesales Representative
  • Territory Manager
  • Visual Merchandiser

In short, here is a list of the top 10 skills a sales representative may require in his or her job:

  1. Good verbal communication skills
  2. Be a good listener
  3. Critical thinking
  4. People management
  5. Coordinating with others
  6. Judgment and decision-making
  7. Cognitive flexibility
  8. Understanding objectives
  9. Excellent time management
  10. Complex problem solving

Sales representatives are well-compensated for the high level of skill it requires to do their job. If a Sales Representative becomes disabled and files a long term disability claim, he or she will have a hard time getting approved.

Why? Because the insurance company is looking at the case from a financial standpoint. The insurance company is looking at how much money it will cost the company to provide a sales rep with benefits throughout the illness or disability. The longer it could potentially take the sales representative to return to work, the more scrutiny the sales representative will face in the claims process.

Tips for a Successful Claim

Tip #1 Gather Strong Medical Evidence

Medical paperwork is the foundation of any long term disability claim. Collect all the medical evidence from your doctors that are treating your disability. Be sure that your doctors are noting your pain levels and cognitive difficulties on your chart. This is not always common practice, but you will need detailed documentation for your claim.

For example, let’s assume a claimant has a significant back injury (such as herniated discs) and the claimant cannot 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 alleviate pain. There are not many jobs that will accommodate the need to lie down for half of the day. So the claimant will want to make sure there is good “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 – like one for a sales Representative – will likely call for video surveillance. Surveillance is completely legal. During the surveillance period, a private investigator will stake out the claimant’s house, talk to nearby neighbors about the claimant’s daily activities, and then try to use that information against the claimant in the administrative decision (or in court); This is why it is crucial to not rush back into exercise routines or anything else that is very strenuous on the body during the claim period.

Tip #3 Stay Off Of Social Media

In our article about surveillance and long term disability claims, we discuss the likelihood that social media accounts will be monitored. As a busy sales representative executive, you probably do not have much spare time for social media. However, when you are at home with nothing to do but rest, you may be tempted to start an account on a social media platform such as Facebook, LinkedIn, Twitter, Instagram or SnapChat. We suggest staying off social media entirely during the claim period. The insurance investigator will try to use posts to social media accounts to deny your claim.

Tip #4 Do Not Try to Go Back to Work Too Fast

The amount of time spent recovering from a disability can be very dull and feel unproductive to a sales representative. The change from a very active schedule to weeks (and perhaps months or even years) of rest can feel like a prison sentence. Sales representatives must resist the urge to go back to work too early. When a sales representative pushes himself or herself back into work before his or her body is ready physically and mentally, the sales representative is in danger of making a mistake that could cause more harm.

Tip #5 Do Not Forget Cognitive Problems

An individual suffers from “cognitive impairment” when his or her ability to think and process information is reduced (for any reason).  Examples include when the individual has difficulty with basic cognitive functions, such as memory processing, perception, problem-solving, and language.  The symptoms of cognitive impairment may vary wildly from person to person; however, common symptoms include short-term memory loss and/or long-term memory loss; difficulty with planning, organizing and problem-solving; confusion; an inability to handle stress appropriately; problems with managing time; and difficulty managing, influencing, and communicating with others.  Cognitive impairment can even result in physical manifestations, such as by causing poor motor coordination.

Cognitive impairment can arise from a number of severe and disabling medical conditions such as delirium, dementia, amnesia, Alzheimer’s disease, Parkinson’s disease, or ‎Huntington’s disease.  Cognitive impairments can also manifest as the result of other medical problems/diagnoses, including a stroke, heart disease, a brain injury, major depression, an anxiety disorder, insomnia, high blood pressure, chronic migraine headaches, lupus, Raynaud’s phenomenon, and fibromyalgia. This list of causes is not exhaustive. There may be other diagnoses that cause cognitive problems.

While the language of every short-term and long-term disability policy is different, you are typically entitled to disability insurance benefits if you are unable to perform the material and substantial duties of your own occupation or any gainful occupation for which you are qualified by education, training and experience.

It seems obvious that when a sales representative suffers from cognitive impairment, whatever the cause, he or she would have difficulty performing the material and substantial duties of a Sales Representative.  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 assert that an insured has the “functional capacity” to return to work even if they are suffering from conditions such as cognitive impairment.

Note: An insurance company may require the claimant to sit for an “independent” neuropsychological examination. Keep in mind that this exam is conducted by a medical professional the insurance company hand-picked and the insurance company is footing the bill.  As you can well imagine, the paid neurophysiologist often prepares a biased report concluding that the claimant has the residual ability to return to work, regardless of the limiting cognitive impairments from which they suffer. The Ortiz Law Firm has significant experience assisting claimants in this situation and has been successful in convincing insurance companies to reverse their denial decisions, even when that decision was initially supported by the results of an unfavorable neuropsychological examination.

Representation by an Experienced Long Term Disability Attorney

Sales representatives will find it challenging to get a long term disability claim approved. The insurance company will search 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, a sales representative can create a solid case for disability.

Using an experienced disability attorney will help you protect yourself against insurance investigators. The Ortiz Law Firm is based in Florida but represents claimants across the country. Receive a free consultation by calling (888) 321-8131 with no obligation. We can help you evaluate your claim to determine if you will be able to access Long-Term Disability Benefits and how to move forward with the process.

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Britney H.

Mr. Ortiz and his staff were very professional and kept me constantly updated on the details of my case. Until I became a client with the Ortiz law firm, I had severe anxiety about my case; after my initial meeting with Mr. Ortiz, I felt such relief and confidence because my case was finally in the hands of someone who really cared. If you want to feel like you are more than just a way to make a quick dollar, go with the Ortiz firm. I can't say enough how thankful I am that I did.

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