Disability Insurance

California Disability Insurance Attorneys

If you were injured or have a serious illness or disease that prevents you from working, you clearly are disabled. However, your disability insurance policy will typically have a specific definition of "disability" that you must meet and specific rules and requirements that you must follow before you qualify for benefits.

At Delfino Green & Green, we help people understand how they qualify for disability benefits under the Employee Retirement Income Security Act (ERISA) as well as non-ERISA policies. Attorney William Green and our team of lawyers and staff have decades of experience with disability insurance claims and a record of success in helping people get the disability benefits that they need and deserve. We can explain how your policy defines disability and help you through the disability claims process to get benefits.

What Is the Definition of Disabled?

Disability insurance policies are usually written using one of two definitions of "disabled":

• "Own Occupation" Disability: You are considered disabled if you are unable to perform the material and substantial duties of your own occupation—that is, the job you were employed in when you became disabled.
• "Any Occupation" Disability: As indicated by the title, this definition is often more difficult to meet than the “Own Occupation.” However, the Courts have ruled that it does not literally mean that if you can do any occupation, you’re not disabled. You are disabled if you are unable to work in any occupation for which you are reasonably suited based on your age, training, experience, education and station in life. Under this definition, an accountant would be disabled despite the fact that she could still perform duties of a receptionist, for example.

Your policy might also state that your coverage is "own occupation" for a specific time period before it shifts to "any occupation." If a shift is coming, we may be able to help you retain your benefits by helping you and your physicians supplement your claim with information and evidence demonstrating that you also meet the “Any Occupation” definition.

Following Your Policy's Definition Can Make a Difference

After you understand how your disability insurance policy defines disability, you and your physician can make sure that the insurer is provided with all of the evidence and information necessary for claim approval, reversal of a denial on appeal, or proving your case in Court. At every step along the way, we will provide you and your physicians with advice and counsel on we can advise you on ways to make your claim or case stronger so that you get the disability benefits that you deserve.

Contact Delfino Green & Green in San Rafael, California

We want to make working with a lawyer as easy as possible for you. Our firm offers free consultations and works on a contingency fee basis, which means we don't get paid unless you get paid. Spanish-language services and evening appointments are available when necessary to best serve our clients.

To talk with an attorney about whether your long-term disability insurance is "own occupation" or "any occupation" coverage, contact Delfino Green & Green. We can be reached by phone at 415.442.4646 or by filling out the client form on our Contact Us page.