I havent had any experrience with .Minnesota Mutual or Phoneix Home Life,
but you will find that most insurance companies opperate with basically the
same rules.Your employer has has declared you disabled, has your
nerologist? Are we talking about LTD> . .
Total .Disability Definition
Total disability currently appears to be defined with reference to
what can be reffered to as "own occupation" cases and "any occupation"
cases.In any occupation cases , .the insured must establish that he or she
is unable to perform some other reasonable occupation for which he or she
is or could become qualified.
Adams vs Conferation Life
"The words 'reasonably suited" and "having regard to his skill .and ability
"indicate to me an attempt to make it clear that merley because an insured
might be able to engage in some kind of occupation or employment ,he or she
is not thereby disentitled to total disability benfits.Furthermore the
words having regard to skill and ability must have reference to the skill
and ability possessed by the insured person prior to the accident in
respect of which a claim is made .. Otherwise ,it would be difficult , if
not impossible ,for anyone except a person rendered a complete vegtable to
obtain payment of total disability benifits.
Morse J.
Penny vs Manitoba Public Insurance Corp..
These are the areas that most long term income protection plans will
challange a long term disability payment on.The burden of proof lies with
the indivdual .In short document everything . from the day your dxd.Every
letter, every phone call, every dr, appointment, and keep a diary of whats
happening both physically and mentaly. Youll need the information and if
your memorys llike mine lots of luck!.
Remember Insurance Companies,are not in business to give money away so keep
good records!
Andrew [log in to unmask] (This is . canadian case law) IMHO
