The Challenges Vice Presidents Face When Filing For Long-Term Disability

Vice presidents are typically highly skilled executives within a company. Vice presidents provide management and oversight. Vice presidents collaborate with other senior leadership officers to meet the company’s objectives. Successful VPs have a proven record of successful strategic planning and implementation.

In this article, we will explore the following:

• Why it’s so difficult to file a Long-Term Disability claim as an executive vice president
• How to create a winning claim

Why Is It Challenging to File LTD as a Vice President?

Vice presidents have a lot of duties and responsibilities. Here is a shortlist of just some of the duties and responsibilities of a VP:

• Participate in the hiring and training of new team members
• Coordinate with various teams and stakeholders as required
• Lead status update meetings
• Oversee all team operations, ensuring projects are completed on time and within budget
• Manage budget and production agenda
• Be responsible for the overall successful operation of the team
• Manage a diverse, multidisciplined team of professionals
• Set clear goals and objectives for the team
• Report directly to senior management
• Delegate responsibilities to subordinates and provide guidance and direction
• Liaise between other members of the leadership team and subordinates
• Evaluate subordinates, providing constructive feedback
• Manage employee concerns through collaboration with HR
• Contribute to the maximization of efficiency and productivity
• Maintain acute awareness of market and industry trends

Depending on the company, sample vice president requirements and qualifications may include:

• Bachelor’s, MBA, or master’s degree in business management or a related field
• Significant experience in the industry
• Leadership or management experience
• Exceptional communication skills, both written and verbal
• Strong team-building skills and ability to motivate others
• Team-player mindset and willingness to collaborate
• Willing to take responsibility and act independently when necessary

Similar Job Titles include:

• Vice President of Operations
• Regional Vice President
• Area Vice President
• Senior Vice President

In short, here is a list of the top 10 skills a Vice President may require in his or her job:

1. Complex problem solving
2. Critical thinking
3. Creativity
4. People management
5. Coordinating with others
6. Emotional intelligence
7. Judgment and decision-making
8. Service orientation
9. Negotiation
10. Cognitive flexibility

Vice Presidents receive high pay because of the advanced skills needed for their role. If a VP becomes disabled and applies for long-term disability benefits, they may struggle to get approved. This is because the insurance company evaluates the situation based on finances. The company calculates the potential cost of providing benefits to a VP throughout their illness or disability. The longer the VP might be out of work, the more closely their claim will be examined.

Tips for a Successful Claim

Tip #1 Gather Strong Medical Evidence

Medical paperwork is the foundation of any long-term disability claim. Collect all the medical evidence from your doctors who are treating your disability. Be sure your doctors are noting your pain levels and cognitive difficulties on your chart. This is not always common practice, but you will need detailed documentation for your claim. Talk to your doctor if you need help supporting your claim.

For example, let’s assume a claimant has a significant back injury (such as herniated discs), and the claimant cannot sit, stand, or even walk for very long. The most comfortable position is for the claimant to lie down for 50% of the day to alleviate pain. Few jobs will accommodate the need to lie down for half of the day. So the claimant will want to ensure good “objective medical evidence” supports the subjective complaints of pain. Objective evidence may include MRIs, X-rays, etc.

Tip #2 Anticipate Surveillance

A large monetary claim – like one for a vice president – will likely call for video surveillance. Surveillance is completely legal. During the surveillance period, a private investigator will stake out the claimant’s house, talk to nearby neighbors about the claimant’s daily activities, and then try to use that information against the claimant in the administrative decision (or in court); This is why it is crucial to not rush back into exercise routines or anything else that is very strenuous on the body during the claim period.

Tip #3 Stay Off Of Social Media

In our article about social media and long-term disability claims, we discuss the likelihood that social media accounts will be monitored. As a busy VP executive, you probably do not have much spare time for social media. However, when you are at home with nothing to do but rest, you may be tempted to start an account on a social media platform such as Facebook, Linked In, Twitter, Instagram, or Snapchat. We suggest staying off social media entirely during the claim period. The insurance investigator will try to use posts on social media accounts to deny your claim.

Tip #4 Do Not Try to Go Back to Work Too Fast

The amount of time spent recovering from a disability can be very dull and feel unproductive to a vice-president. Changing from a very active schedule to weeks (and perhaps months or even years) of rest can feel like a prison sentence. Vice Presidents must resist the urge to go back to work too early. When a vice-president pushes himself or herself back into work before his or her body is ready physically and mentally, the VP is in danger of making a mistake that could cause more harm.

Tip #5 Do Not Forget Cognitive Problems

An individual suffers from “cognitive impairment” when his or her ability to think and process information is reduced (for any reason).  Examples include when the individual struggles with basic cognitive functions, such as memory processing, perception, problem-solving, and language.  The symptoms of cognitive impairment may vary wildly from person to person; however, common symptoms include short-term memory loss and/or long-term memory loss; difficulty with planning, organizing, and problem-solving; confusion; an inability to handle stress appropriately; problems with managing time; and difficulty managing, influencing, and communicating with others.  Cognitive impairment can even result in physical manifestations, such as poor motor coordination.

Cognitive impairment can arise from severe and disabling medical conditions such as delirium, dementia, amnesia, Alzheimer’s disease, Parkinson’s disease, or ‎Huntington’s disease.  Cognitive impairments can also manifest as the result of other medical problems/diagnoses, including a stroke, heart disease, brain injury, major depression, an anxiety disorder, insomnia, high blood pressure, chronic migraine headaches, lupus, Raynaud’s phenomenon, and fibromyalgia. This list of causes is not exhaustive. There may be other diagnoses that cause cognitive problems.

While the language of every short-term and long-term disability policy is different, you are typically entitled to disability insurance benefits if you cannot perform the material and substantial duties of your own occupation or any gainful occupation for which you are qualified by education, training, and experience.

It seems obvious that when a vice president suffers from cognitive impairment, whatever the cause, he or she would have difficulty performing the material and substantial duties of a VP.  However, insurance companies do not always pay benefits, even when their liability seems obvious.  Too often, the attorneys at the Ortiz Law Firm have seen insurance companies/ERISA administrators assert that an insured has the “functional capacity” to return to work even if they are suffering from conditions such as cognitive impairment.

Note: An insurance company may require the claimant to sit for an “independent” neuropsychological examination. Remember that this exam is conducted by a medical professional hand-picked by the insurance company, who is footing the bill.  As you can well imagine, the paid neurophysiologist often prepares a biased report concluding that the claimant has the residual ability to return to work, regardless of the limiting cognitive impairments from which they suffer. The Ortiz Law Firm has significant experience assisting claimants in this situation and has successfully convinced insurance companies to reverse their denial decisions, even when the results of an unfavorable neuropsychological examination initially supported that decision.

Representation by An Experienced Long-Term Disability Attorney

Vice presidents will find it challenging to get a long-term disability claim approved. The insurance company will search for virtually any reason to deny the claim. By providing strong medical evidence, keeping a low profile, and not rushing back to work too soon, a vice president can create a solid case for disability.

Using an experienced disability attorney will help you protect yourself against insurance investigators. The Ortiz Law Firm is based in Florida but represents claimants nationwide. If your LTD claim has been wrongfully denied or terminated, call (888) 321-8131 for a free consultation with no obligation. We can help you evaluate your claim to determine if you can access long-term disability benefits and how to move forward with the process.