Disability Insurance

Understanding Long-Term Disability Insurance

Your ability to earn an income is often your most valuable asset. Disability insurance is designed to protect that asset — but when insurers deny valid claims, Dorian Law is here to help you fight back.

At Dorian Law, we understand the importance of disability insurance and are dedicated to helping individuals secure the disability benefits they are rightfully entitled to. Whether you're exploring coverage options or facing a denied claim, this page will help you understand disability insurance and how we can help.

"Brent Brehm handled my case very professionally. He carefully reviewed all the details of the case and followed up very closely. He always replied to my questions and concerns in a timely manner. Eventually my case was nicely settled. Thank you, Brent!"

— Ren Sun

A Proven Track Record

We have a Proven Track Record of success helping clients secure the disability benefits they're entitled to under both group and individual policies.

Deep Industry Knowledge

Our Deep Industry Knowledge of disability insurance law, policy interpretation, ERISA regulations, and state insurance law lets us effectively advocate at every stage — from initial application to appeals and litigation.

A Client-Focused Approach

Our Client-Focused Approach means compassionate, personalized support and guidance throughout your disability claim journey.

The Basics

What Is Disability Insurance, and Why Does It Matter?

Disability insurance is a contract between you and an insurance company. In exchange for regular premium payments, the insurer promises to pay a portion of your income if you become disabled and unable to work due to illness or injury.

More Common Than You Think

A significant portion of the workforce will experience a disability that keeps them out of work for an extended period at some point in their careers.

Replaces Lost Income

Benefits cover essential expenses — mortgage or rent, utilities, food, healthcare — when your income stops due to disability.

Protects Your Financial Future

Disability can derail savings and long-term financial plans. Coverage helps maintain stability and protect those goals.

Provides Peace of Mind

Knowing you're covered if the unexpected happens is its own form of financial security.

Types of Disability Insurance We Handle

Dorian Law focuses specifically on group and individual disability insurance disputes.

Group Disability Insurance

  • Offered by employers as a benefit
  • Short-Term Disability (STD) — weeks or months of coverage
  • Long-Term Disability (LTD) — years, potentially to retirement age
  • Most policies are ERISA-governed
  • Non-ERISA group plans exist in rarer cases (church employees, some government entities) and follow state law instead

Individual Disability Insurance

  • Purchased directly, independent of employment
  • Individual Long-Term Disability is the primary form
  • Individual Short-Term Disability is rare
  • Governed by state insurance law, not ERISA
  • Offers more customization and portability than group coverage

Dorian Law does not handle Workers' Compensation, State Disability Insurance (SDI/UCD), Social Security Disability Insurance (SSDI), or VA disability benefits — each is governed by its own distinct system, and claimants seeking help with those should contact an attorney who specializes in that specific area.

The Term That Matters Most

"Own Occupation" vs. "Any Occupation"

This distinction is one of the most important terms in your policy — and one insurers routinely exploit when they transition from one definition to the other.

"Own Occupation"

Pays benefits if you can't perform the duties of your specific job or profession — the more favorable standard for claimants.

"Any Occupation"

The stricter standard: you must be unable to perform any job you're reasonably suited for by education, training, or experience.

Watch the transition point. Some policies start with "own occupation" for a set period, then shift to "any occupation." Insurers frequently use that transition — not a real change in your condition — as the moment to cut off benefits.

Choosing the Right Disability Insurance and Understanding Your Coverage

Whether you're purchasing coverage or already have a policy, a few things are worth confirming:

1

Know Your Policy Type

Group or individual — and if group, whether it's ERISA-governed.

2

Review the Fine Print

Definition of "disability," benefit amounts, elimination periods, benefit durations, exclusions, and limitations — including any own-occ-to-any-occ transition.

3

Understand Tax Treatment

Whether your disability benefit will be taxed depends on how premiums were paid.

4

Consult a Professional

An insurance professional or financial advisor can help determine the right type and amount of coverage for your situation.

When Insurers Say No

Common Disability Insurance Claim Denials

Insurance companies often deny claims using a familiar set of tactics:

Definition of Disability Not Met

Arguing your condition doesn't meet the policy's definition of "disability."

Pre-Existing Condition Exclusions

Invoking exclusions for conditions treated shortly before the policy took effect.

Mental Health & Self-Reported Symptom Caps

Capping benefits for conditions that rely on self-reported symptoms rather than objective testing.

"Any Occupation" Arguments

Claiming you can still work in some alternate occupation, regardless of how realistic or available that work actually is.

Denied a disability claim? Don't assume the insurer is right. Many denials are overturned on appeal, especially under ERISA. We can review your claim, help you understand the denial, and fight to restore your benefits.

Browse by Insurance Company

Denial tactics vary by carrier. We've built out carrier-specific pages as our case experience with each insurer has grown.

Don't see your insurer listed? We handle LTD denials against every major carrier nationwide — contact us and we'll tell you what to expect from yours specifically.

Frequently Asked Questions About Disability Insurance

"Own occupation" pays benefits if you can't perform your specific job; "any occupation" is stricter, requiring that you be unable to perform any job you're reasonably suited for by education, training, or experience. Many policies start with "own occ" and shift to "any occ" after a set period — that transition is exactly when insurers most often look for a reason to cut off benefits, so understanding which definition applies at each stage of your claim matters enormously.

Don't assume the denial is correct. Insurers frequently rely on vocational assessments that identify unrealistic or unavailable jobs, or demand "objective" evidence for conditions that are inherently difficult to prove that way. Many denials are overturned on appeal, particularly under ERISA — we can review your policy and denial letter, identify the specific weaknesses in the insurer's reasoning, and build the strongest possible appeal.

Yes. Many people carry both — group coverage through an employer as a baseline, plus an individual policy for additional income replacement or portability if they change jobs. Each policy is evaluated on its own terms, and having both can mean navigating two different sets of rules (ERISA for the group policy, state law for the individual one) if a claim under either is denied.

This depends on your income, fixed expenses, existing group coverage (if any), and how much of a gap you'd need to fill if you couldn't work. Since disability benefits typically replace only a portion of income, and coverage amounts and tax treatment vary by policy type, consulting with an insurance professional or financial advisor is the best way to determine the right amount for your specific situation.

Watch for pre-existing condition exclusions, mental health or self-reported-symptom benefit caps (often limited to 24 months), elimination periods before benefits begin, and the own-occupation-to-any-occupation transition. Reviewing the full policy — not just the summary — before you need to file a claim is the best way to avoid being surprised by a limitation later.

If your disability coverage came through an employer, it's almost certainly governed by ERISA, a federal law with specific rules for claims, appeals, and lawsuits — including a required internal appeal, limits on new evidence once you're in court, and no jury trial. Individual policies purchased directly, and some group plans for church employees or certain government entities, are governed by state law instead, which can open the door to broader remedies. Confirming which framework applies should be one of the first steps in any disability claim.

Meet the Author

Brent Dorian Brehm, disability insurance attorney at Dorian Law P.C.

Brent Dorian Brehm

A licensed California attorney and Founding Shareholder of Dorian Law, Brent wrote this overview to help people understand disability insurance before they ever need to file a claim — and to give denied claimants a clear starting point for understanding their options. If you have questions about your coverage or a denial, he'd like to hear from you.

Let Us Put the Dorian Law Advantage to Work for You

Whether you have questions about your coverage or are facing a denied disability claim, we're here to help. The consultation is free and confidential.