Understanding The Definition Of Disability
What is a disability that prevents you from doing your job?
For you, the answer is simple — you can’t work. This may be due to an injury or illness that causes physical or mental symptoms that make you unable to do what your job requires of you.
For your disability insurance company though, the answer is much different. The exact definition of disability will be contained within the terms of the insurance policy or plan and is often couched in legalese or confusing language. Your insurance company may well try to use the policy language to deny your claim or limit the length of your disability claim. To get the disability benefits you deserve, you need an experienced attorney to act as your advocate.
Contact Roboostoff & Kalkin for a free consultation and case evaluation. We want to help you get the disability benefits you deserve.
‘Own Occupation’ And ‘Any Occupation’ Definitions Of Disability
Disability insurance policies generally have two types of disability definitions:
- Own occupation — you are incapable of performing the duties of your own occupation for a defined period after the onset of the disability.
- Any occupation — you are incapable of working in any occupation for which you are suited by virtue of your education, training and job experience.
Both ERISA-governed and private disability insurance policies have a bewildering array of definitions, limitations and exclusions. Figuring out what is covered and what is not in any particular case requires careful scrutiny. Roboostoff & Kalkin has had years of experience wading through this maze. We can help you understand the limits of your coverage, how to purchase appropriate coverage and how to tailor your claim to make sure you obtain all of the benefits you are entitled to.
If you have suffered an injury or illness that prevents you from doing your job, call our firm for a free initial consultation as soon as possible.
Experienced ERISA Disability Attorneys
Scott Kalkin and Constantin Roboostoff have represented clients in disability claim cases for more than 25 years.
One of the disadvantages of ERISA from the claimant’s point of view is that you and your doctors will oftentimes not be allowed to testify in court, and there is no jury trial allowed. Your claim will be reviewed by a federal or state court judge who will base his or her decision largely upon the “administrative record” created by you and the insurance company during the initial claim and administrative appeal process. Consequently, other techniques must be used to build your case and present it in its best light. Our firm is skilled at putting flesh on the bones of an “administrative record” so that a judge can see the real person behind the documents.
Our firm has a well-documented record of success in ERISA claims, appeals and litigation. We have earned the respect of our peers in the legal profession. Both Mr. Kalkin and Mr. Roboostoff have received the AV Preeminent 5.0 out of 5 rating* from Martindale-Hubbell. In 2008, Mr. Kalkin was selected for inclusion in the Northern California Super Lawyers list.
Roboostoff & Kalkin will work to build a strong and successful case that enables you to get the disability benefits you deserve.
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* AV Preeminent and BV Distinguished are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories — legal ability and general ethical standards.