Disability/Personal Injury

Own Occupation vs Any Occupation Disability Insurance

Person reviewing own occupation vs any occupation in their disability insurance documents

What the Difference Means for Your LTD Claim

If you receive long-term disability (LTD) benefits through a group insurance plan or private policy, you’ve likely seen the terms “own occupation” and “any occupation.”

These definitions play a critical role in whether your benefits continue — especially after the first two years of a claim.

Understanding the difference between own occupation vs any occupation disability insurance can help you avoid surprise benefit denials and protect your income when insurers try to cut you off.

This guide explains:

  • What each test means
  • When and why insurers switch definitions
  • How the change affects real claims
  • What to do if your LTD benefits are denied

What Is “Own Occupation” Disability?

Own occupation disability means you are considered disabled if your medical condition prevents you from performing the essential duties of your own job — the job you were doing before becoming disabled.

Under an own occupation definition:

  • The focus is on your specific role, not generic work
  • Education, experience, and job demands matter
  • You do not need to be unable to work any job

Example

If you were a:

  • Construction supervisor with chronic back pain
  • Accountant with severe depression or anxiety
  • Nurse with repetitive strain injuries

You may qualify for benefits even if you could theoretically work in a different, less demanding role.

Most LTD policies apply the own occupation test during the first 24 months of disability.

ℹ️ These definitions are a core part of disability law in Canada and are often central to disputes between insurers and claimants.

What Is “Any Occupation” Disability?

Any occupation disability is a much stricter test.

After this point, you are only considered disabled if you are unable to work at any job for which you are:

  • Reasonably suited by education
  • Training
  • Experience

Insurers do not need to prove that a job actually exists or is available — only that you are capable of doing it in theory.

This is where many claims fail.

Insurers often argue that claimants can:

  • Work part-time
  • Do sedentary or desk-based work
  • Be retrained for a new role
  • Perform “alternative occupations”

Own Occupation vs Any Occupation: What’s the Difference?

Own Occupation Any Occupation
Focuses on your actual job Focuses on any job you could do
Applies early in the claim Applies later (usually after 24 months)
Easier to qualify Much harder to qualify
Less insurer scrutiny Aggressive insurer reviews
⚠️ The shift from own occupation to any occupation is one of the most common reasons LTD benefits are denied or terminated.

When Does the Definition Change?

Most LTD policies follow this structure:

  • Months 0–24: Own occupation test
  • After 24 months: Any occupation test

Insurers begin reviewing claims months before the 24-month mark. This is often when claimants notice:

  • Increased medical requests
  • Surveillance
  • Functional capacity evaluations
  • Vocational assessments

The goal is simple: find a reason to stop benefits.


Why Insurers Deny Claims After the Switch

Insurers commonly rely on arguments such as:

  • You can work in a “lighter” role
  • Your condition has “improved”
  • You can retrain for a new occupation
  • You can work with accommodations
  • Your limitations are “subjective”

These conclusions are often made:

  • Without speaking to treating doctors
  • Using paper reviews by insurer-hired physicians
  • Based on generic job classifications

This is especially common in:

  • Chronic pain claims
  • Mental health disabilities
  • Fatigue-related conditions
  • Neurological or cognitive impairments

LTD Benefits Cut Off After the 24-Month Mark?

If your insurer denied or stopped your long-term disability benefits after switching to the any occupation test, you may still have options.

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Can You Work Part-Time and Still Qualify?

Possibly — but insurers often misuse this point.

Being able to work:

  • A few hours a week
  • In a highly accommodated environment
  • Sporadically or inconsistently

Does not automatically disqualify you under the any occupation test.

The real question is whether you can perform sustainable, reliable work at a level that matches your background and experience.

Insurers frequently oversimplify this analysis.


What Happens If Your LTD Benefits Are Denied?

If your long term disability claim is denied or cut off after switching to the any occupation definition, you still have options.

Common next steps include:

  • Appealing the denial
  • Submitting additional medical evidence
  • Challenging vocational assumptions
  • Pursuing legal action for benefits
⚠️ Strict deadlines apply, and delay can seriously harm your claim.

How Legal Help Can Make a Difference

Disputes involving own occupation vs any occupation disability insurance are highly technical.

A strong claim often depends on:

  • Framing medical evidence correctly
  • Challenging insurer-selected occupations
  • Demonstrating why retraining is unrealistic
  • Addressing real-world limitations — not theoretical jobs
💡 Insurers have teams working to deny claims. Claimants should not face that process alone.

Key Takeaway

  • Own occupation focuses on your real job
  • Any occupation focuses on theoretical alternatives
  • The switch happens around 24 months
  • This change is one of the leading causes of LTD denials

Understanding the difference — and preparing early — can make or break your claim.


Speak with a Disability Lawyer About Your LTD Claim

If your long-term disability benefits were denied, cut off, or reduced — especially after the switch from own occupation to any occupation — legal advice can help you understand your options.

A proper review can determine whether your benefits were wrongly denied and what steps to take next.

The sooner you act, the stronger your position.

Advice You Need. Compensation You Deserve.

Consult with Samfiru Tumarkin LLP. We are one of Canada's most experienced and trusted employment, labour and disability law firms. Take advantage of our years of experience and success in the courtroom and at the negotiating table.

Get help now