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LTD - Types of Work
Oct 15, 2004


I began receiving LTD Benefits in January 2004 after having been declared disabled when I was diagnosed with AIDS in March 2003. I recently received a one page request by my LTD requiring a Supplementary Report to be completed by my attending. This experience and some of the information that my attending will be reporting has raised some questions.

One of the questions my attending will be answering will ask ." Would job modification enable patient to work with impairment? I believe his answer will be Yes, but limited to non-strenuous duty.

I am a college graduate who worked for 18 years in a high paying marketing position that I no longer can perform. My question is that based on my attending physicians comments, will I eventually be forced by my insurance carrier to take a position that I had never done before for lesser pay than I had previously enjoyed, and allow them to move me off of LTD? I was under the impression that I only need acccept work within the boundaries of previous work experience and not any job that offers minimal pay based on the fact that I may be able to perform non strenuous duties. What should I be doing at this point or what actions should I begin implementing to avoid this potential situation? I would be interested in any comments you may have for I think a lot of us here are in this type of situation. Thanks.

Response from Ms. Franzoi

How does your LTD plan define disability? Is it defined as disabled from your own occupation or disabled from any occupation for which you are reasonably qualified? If it is the latter, depending on how your doctor answers the questions, your LTD benefits could cease. However, most plans that have an "any occupation" definition interpret that to be any occupation for which you are or may become qualified for based on your training and education. If your benefits are cut and you and your doctor believe you cannot perform the duties of a job for which you are reasonably qualified, you should discuss this with an attorney. In addtion, qualfiying for Social Security disability benefits would also help.

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