Question
Permanent Brain Injury from MVA and qualifying for LTD under the "Any Occupation" for Lincoln Financial
Was in a serious MVA 4 years ago and have a permanent brain injury - previously worked in software and can no longer work screen heavy jobs, or a full time schedule due to issues - migraines, dizziness, memory, executive function, inability to focus and issues with auditory proccessing/processing speed to name a few things. The "Own Occupation" portion of LTD will end in a couple of months and I'm worried that I won't qualify for their "Any Occupation" definition if I am able to work at a very different, less strenuous, part time job - aka folding towels and manning front desk at a gym for only 14 hours a week. How do I make it clear that my injury is permanent and not going to change and qualify for their "any occupation" for LTD? They have depositions from many neurologists stating that it's permanent.
Answer
The change of definition from own occupation to any occupation is used by disability companies to reevaluate your eligibility for Ltd benefits. You can give your self the best chance of avoiding denial by consistently seeing your doctors during the 6 months prior to the change of definition and making sure that your doctors document all of your complaints, limitations and restrictions. If any testing has not been updated in over a year, request a repeat. In your case a neuropsychological evaluation should be repeated to confirm ongoing restrictions from your brain injury. A detailed report should be generated following the neuropsychiatric evaluation. We regularly guide claimants through this process and help them to avoid claim denial.
