Loss of Household Services for Long Term Disability Cases
Household Services applied to long term disability litigation: methodology, deliverables, and case-specific considerations.
How Loss of Household Services applies to Long Term Disability
LTD vocational analysis applies the relevant policy definition (own occupation, any occupation, reasonable occupation) to the claimant's documented functional capacity and transferable skills, identifying whether suitable occupations exist within medical restrictions.
Typical deliverables
A written expert report, supporting data appendices, and, when retained, deposition and trial testimony.
Frequently Asked Questions
What is the 'own occupation' versus 'any occupation' distinction?
Own-occupation policies assess disability based on inability to perform the claimant's pre-disability occupation. Any-occupation policies assess inability to perform any occupation for which the claimant is reasonably suited by education, training, and experience.
How is a transferable skills analysis used in LTD matters?
Transferable skills analysis identifies occupations the claimant could theoretically perform based on pre-disability skills, applied to the residual functional capacity to determine whether suitable alternative occupations exist within the policy's definition.
Do LTD cases often involve ERISA?
Employer-sponsored group LTD plans are typically governed by ERISA, which constrains procedural issues and review standards. Individual disability policies are generally governed by state insurance law.
References
- U.S. Department of Labor - ERISAGovernment
- Social Security Administration - Disability EvaluationGovernment
- O*NET OnLineGovernment
Ready to Get Started on household services engagements for long term disability cases?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.