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Vice Presidents are highly level executives within an organization. Vice Presidents provide leadership and oversight. Vice Presidents work with other senior executives to achieve company goals. Successful VPs have a proven track record of successful strategic planning and execution.
In this article, we will explore the following:
- Why it’s so difficult to file a long-term disability claim as a Vice President; and
- How to build a winning long-term disability claim.
Why Is It Difficult to File for LTD as a Vice President?
Vice Presidents have many duties and responsibilities. Here is a list of just a few 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 needed
- Lead status update meetings
- Oversee all team operations to ensure projects are completed on time and within budget
- Manage budget and production schedule
- Accountable for the overall successful operation of the team
- Manage a diverse, multi-disciplinary team of professionals
- Set clear goals and objectives for the team
- Report directly to senior management
- Delegate responsibility to subordinates and provide guidance and direction
- Serve as a liaison between other members of the leadership team and subordinates
- Evaluate subordinates and provide constructive feedback
- Manage employee concerns in conjunction with HR
- Contribute to maximizing efficiency and productivity
- Maintain a keen 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 administration or related field
- Significant industry experience
- Leadership or management experience
- Exceptional communication skills, both written and oral
- Strong team building skills and ability to motivate others
- Team player mindset and willingness to collaborate
- Willingness 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 need in his or her job:
- Complex problem solving
- Critical thinking
- Creativity
- People management
- Coordination with others
- Emotional intelligence
- Judgment and decision-making
- Service orientation
- Negotiation skills
- Cognitive flexibility
Vice Presidents are highly compensated because of the advanced skills required for their role. If a VP becomes disabled and applies for long-term disability benefits, they may have difficulty getting approved. This is because the insurance company evaluates the situation on a financial basis. The company calculates the potential cost of providing benefits to a VP for the duration of their illness or disability. The longer the VP may be out of work, the more closely their claim will be scrutinized.
Tips for a Successful Claim
Tip #1 Gather Strong Medical Evidence
Medical records are the foundation of any long-term disability claim. Gather all the medical evidence from your doctors who are treating your disability. Make sure your doctors note your pain levels and cognitive difficulties in your medical records. 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 say a claimant has a significant back injury (such as a herniated disc), and can’t 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 relieve pain. Few jobs will accommodate the need to lie down for half of the day. Therefore, the claimant will want to ensure that 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 – such as that of a Vice President – will likely require video surveillance. Surveillance is completely legal. During the surveillance period, a private investigator will stake out the claimant’s home, talk to nearby neighbors about the claimant’s daily activities, and then try to use this information against the claimant in the administrative decision (or in court); this is why it is crucial not to rush back into exercise routines or anything else that is very taxing on the body during the claim period.
Tip #3 Stay Off Social Media
In our article on 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 time to spend on social media. However, when you are at home with nothing to do but rest, you may be tempted to create an account on a social media platform such as Facebook, Linked In, Twitter, Instagram, or Snapchat. We recommend that you stay off social media during the claim period. The insurance investigator will try to use posts on social media accounts to deny your claim.
Tip #4 Don’t Try to Go Back to Work Too Quickly
The amount of time spent recovering from a disability can be very boring and feel unproductive to a Vice President. Going 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 return to work too soon. If a VP rushes back to work before his or her body is physically and mentally ready, the VP runs the risk of making a mistake that could cause more harm.
Tip #5 Don’t Forget Cognitive Issues
A person suffers from “cognitive impairment” when his or her ability to think and process information is impaired (for any reason). Examples include when the individual struggles with basic cognitive functions, such as memory processing, perception, problem solving, and language. Symptoms of cognitive impairment can vary greatly from person to person; but common symptoms include short-term memory loss and/or long-term memory loss; difficulty with planning, organizing, and problem solving; confusion; an inability to cope with stress; problems with time management; and difficulty managing, influencing, and communicating with others. Cognitive impairment can even have physical manifestations, such as poor motor coordination.
Cognitive impairment can result from serious and disabling medical conditions such as delirium, dementia, amnesia, Alzheimer’s disease, Parkinson’s disease, or Huntington’s disease. Cognitive impairment can also occur as a result of other medical problems/diagnoses, including a stroke, heart disease, brain injury, major depression, an anxiety disorder, insomnia, high blood pressure, chronic migraines, lupus, Raynaud’s phenomenon, and fibromyalgia. This is not an exhaustive list of causes. There may be other diagnoses that cause cognitive problems.
While the language of each short-term and long-term disability policy is different, you are generally eligible for disability insurance benefits if you are unable to perform the material and substantial duties of your own occupation or any gainful employment for which you are qualified by education, training, and experience.
It seems obvious that when a Vice President suffers from cognitive impairment, regardless of 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 claim that an insured has the “functional capacity” to return to work even when suffering from conditions such as cognitive impairment.
An insurance company may require the claimant to undergo an “independent” neuropsychological evaluation. Keep in mind that this examination is conducted by a medical professional hand-picked by the insurance company, which pays the bills. As you can well imagine, the paid neurophysiologist often produces a biased report concluding that the claimant has the residual capacity to return to work, regardless of the limiting cognitive impairments from which they suffer.
The Ortiz Law Firm has extensive 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 difficult to get a long-term disability claim approved. The insurance company will look 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 build 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, no obligation case evaluation. We can help you evaluate your claim to determine if you are eligible for long-term disability benefits and how to move forward with the process.
