Table of Contents
Managers are typically highly skilled executives within a company. They provide direction and oversight and collaborate with other senior leadership officers to meet the company’s objectives. Successful managers have a proven record of 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 Manager
- How to Craft a Winning Claim
Why Is It Challenging to File LTD For a Manager
Managers have a lot of duties and responsibilities. Here is a short list of just some of the duties and responsibilities of a manager:
- Participate in the hiring and training of new team members
- Coordinate with various teams and stakeholders as required
- Lead status meetings
- Oversee all team operations, ensuring projects are completed on time and budget
- Manage budget and production agenda
- Be responsible for the overall successful operation of the team
- Manage a diverse, multi-disciplined 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 manager 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:
- Manager of Operations
- Regional Manager
- Area Manager
- Senior Manager
In short, here is a list of the top 10 skills a manager may require in his or her job:
- Complex problem solving
- Critical thinking
- Creativity
- People management
- Coordinating with others
- Emotional intelligence
- Judgment and decision-making
- Service orientation
- Negotiation
- Cognitive flexibility
Managers are well-compensated for the high level of skill required to do their job. If a manager becomes disabled and files a long-term disability claim, he or she will struggle to get approved. Why? Because the insurance company is looking at the case from a financial standpoint. The insurance company is looking at how much money it will cost the company to provide a manager with benefits throughout the illness or disability. The longer it could potentially take the manager to return to work, the more scrutiny the manager will face in the claims process.
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 that your doctors note your pain levels and cognitive difficulties on your chart. This is not always common practice, but you will need detailed documentation for 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. Not many jobs will accommodate the need to lie down for half of the day. So the claimant must obtain “objective medical evidence” to support 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 manager – 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 not to 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
There is a high probability that social media accounts will be monitored. As a busy manager 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 boring and feel unproductive to a manager. Changing from a very active schedule to weeks (and perhaps months or even years) of rest can feel like a prison sentence. Managers must resist the urge to go back to work too early. When a manager pushes himself or herself back into work before his or her body is ready physically and mentally, the manager 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 several 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 long-term disability policy is different, you are typically entitled to disability insurance benefits if you can’t 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 manager suffers from cognitive impairment, whatever the cause, he or she would have difficulty performing a manager’s material and substantial duties. 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 a medical professional hand-picked by the insurance company will perform this exam. The insurance company 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. We also have reviews and video testimonials from many of our satisfied clients.
Get Help with Your Long-Term Disability Claim
Managers 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 manager 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 long-term disability claimants nationwide. If your LTD claim has been wrongfully denied or terminated, you can get a free case evaluation by calling (888) 321-8131. 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, and there is no obligation.