Question

Can MetLife determine that I am capable of earning over the % of my pre disability income required to receive LTD benefits?

Asked on April 23rd 2019 by Tim
I lost my job with a class 1 railroad due to color vision issues and have been on LTD for three months. I am able to work (not in the RR industry) and will continue to receive some LTD benefits as long as I make less than 80% of my pre disability income. This percentage reduces to 70% after two years. My question is, can Metlife determine on their own that I am capable of earning over 70% of my pre disability income based on my education and experience? Can they do this even if I have a job under the 70% threshold?

Answer

Answered on April 23rd 2019 by Attorney Jay Symonds

Tim, yes, I suppose they could hire a vocational expert to give the opinion that you are capable of earning more money than you are at your current job.