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As an example, it is important that you know the difference between \u201cown occupation\u201d<\/strong> or \u201cany occupation\u201d<\/strong>. These are the two standards by which insurance companies measure disability. So, what is the difference between the two?<\/strong><\/p>\n People who have been denied benefits under the \u201cown occupation\u201d standard may often end up in court over disputes. This is important for you because it means the Courts have addressed several highly technical distinctions in the definition of the standard and have settled on a series of principles that will help you understand what the standard is all about.<\/p>\n \u201cOwn occupation\u201d means you are not able to perform essential duties, not minor tasks. As an example, if you able to go to work but you are not able to do the specific tasks for which you were employed, you qualify under the standard.<\/p>\n Under the \u201cown occupation\u201d standard, your whole job has to be compromised by the injury, not each individual responsibility. The standard does not require that your injuries render you totally helpless but is one of reasonableness. The question to ask is, \u201cwould any reasonable person in your circumstances desist from work?\u201d<\/p>\n Note that your \u201coccupation\u201d does not necessarily mean your \u201cjob\u201d. The question doesn\u2019t concern your specific job with your current employer, but your class of occupation. This could be a different job of the same general class as your current job with a different employer.<\/p>\n \u201cAny occupation\u201d disability takes your unique qualifications and characteristics into consideration. \u201cAny\u201d occupation does not literally mean \u201cany\u201d, but rather an occupation for which you are reasonably suited given your education, training, and experience.<\/p>\n Note that \u201cown occupation\u201d may transition to \u201cany occupation\u201d disability after sometime or or possibly 2 years after the onset of your disability. After the expiration of this period, you have to prove to your insurer that you are incapable of performing \u201cany occupation\u201d.<\/p>\n It may be necessary that you undergo training. Note that you do not qualify under \u201cany occupation\u201d if there is an occupation that you can perform reasonably well even without formal qualification. The question is, \u201cwould obtaining such qualifications require substantial retraining?\u201d<\/p>\n As an example, if you were a welder in a car manufacturing company, you would qualify for \u201cown occupation\u201d benefits if you injured one hand. However, your employer may have opportunities with accommodations in the plant that can be performed using one hand, in which case you may not qualify for \u201cany occupation\u201d.<\/p>\n However, note that being capable of returning to work does not mean you automatically lose your benefits. Courts in Canada have held that your employer cannot make you return to work if doing so means you would perform your duties, but with debilitating pain or discomfort.<\/p>\n If you have sustained an accident that prevents you from return to work<\/a>, it is imperative that you consult an experienced accident and disability lawyer<\/strong> at Grillo Law<\/a>.<\/p>\n Own occupation and any occupation standards are legal concepts that define one\u2019s entitlement to longer term disability benefits.<\/p>\n In practical terms if you\u2019re disabled and have just qualified for a disability pension, in due course, you may find yourself having to requalify even if there has been no improvement in your condition, based on whether your insurer believes you meet the legal definitions under your policy to qualify as being disabled.<\/p>\n You\u2019ll find the definitions of own and any occupation in your own policy document. They differ subtly from one policy to the next and based on one\u2019s medical evidence and the facts surrounding their claim.<\/p>\n This is why it is a good idea to consult an experienced disability lawyer when you first apply for disability benefits. Your lawyer can explain from the outset what you can expect and what evidence may be required to substantiate your claim. The two concepts are further outlined below.<\/p>\n Most disability insurance policies set out two tests for long-term disability. These are own occupation and any occupation. Typically, the insurance will cover own disability for the first 24 months after disablement. Then any occupation clicks in.<\/p>\n This means that for the first 24 months, you can claim disability benefits even if you could return to work in another occupation.<\/p>\n Own occupation is the occupation which you perform on a regular basis. Don\u2019t confuse the term \u201coccupation\u201d with \u201cjob\u201d. Occupation refers to what you do for a living. A job, on the other hand, refers to the place that you work.<\/p>\n To claim benefits under \u201cown occupation\u201d you need only prove that you cannot carry out all the duties required from you in your regular occupation.<\/p>\n The wording on the policies may differ with respect to the definition of the duties. Different policies refer to these as all \u201cessential duties\u201d, \u201cimportant duties\u201d or \u201cmaterial duties\u201d or even a percentage of duties. You can usually satisfy the requirements of the policy even if you are unable to carry out one material duty as long as it a crucial to the performance of your duties.<\/p>\n The own occupation test could be defined as the duties which are required for the performance of your own occupation, and which cannot be overlooked or changed. Before seeking disability benefits you will have to consider whether duties may be modified to accommodate your condition.<\/p>\n When a designated period covered by own occupation has run its course, you\u2019ll have to prove to your assurer that you qualify for any occupation disability grant. These factors apply;<\/p>\n If you are to continue to claim benefits after the designated waiting period (likely 24-months) has passed, you\u2019ll have to prove that you are totally disabled. This means that you are incapable of doing the main functions of any occupation for which you are suited by way of education and training or for which you could receive reasonable training to qualify.<\/p>\n The \u2018Any Occupation\u2019 and \u2018Own Occupation\u2019 standards apply in the unique context of group and private disability insurance policies. These policy terms create barriers for recovery of disability income and put in place medical-legal tests to meet to obtain claim approval. There may be alternatives to such insurance policies for people who either want to be sure they are fully protected in case of a long fight with an insurer over benefits or people who are not covered.<\/p>\n Some of the common collateral benefits and alternatives in Ontario include the disability benefits under the Canada Pension Plan or employment and income support offered by the Ontario Disability Support Program. These programs have a unique set of eligibility requirements. Just like obtaining benefits under private insurance policies, proving that you are eligible for these programs can be a challenging process.<\/p>\n Suppose you have become unable to work due to a mental health or physical health condition. What should you do? It is in your best interest to contact an experienced long-term disability lawyer for legal advice, no matter the type of benefits you intend to be eligible for. Skilled disability lawyers have a wealth of knowledge in handling such matters and can help you avoid potential pitfalls that could derail your case.<\/p>\n Whether you plan to apply under a private insurance policy, the Ontario Disability Support Program (ODSP), or the Canada Pension Plan (CPP), an experienced lawyer can help you gather the right pieces of evidence and present a strong case that you are indeed entitled to benefits.<\/p>\nOwn Occupation Standard<\/h2>\n
Any Occupation Standard<\/h2>\n
Additional articles<\/h2>\n
Own Occupation vs. Any Occupation: How the Standards Fit Together<\/h3>\n
![\"Disability](\"https:\/\/grillo.ca\/wp-content\/uploads\/2018\/09\/Disability-Standards-in-Ontario-Own-Occupation-vs.-Any-Occupation.jpg\" "\\"Disability")
<\/p>\nOwn Occupation<\/h3>\n
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Any Occupation<\/h3>\n
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What is Own Occupation Test?<\/h3>\n
What is Any Occupation Test?<\/h3>\n
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Understanding your options when it comes to disability benefits<\/h3>\n