Denied by The Standard Insurance Company? We're Champions for Folks Who Need Help.
"I've stood with hundreds of people in situations like yours. It's personal to me."Brent Dorian Brehm, Attorney, Dorian Law
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The Standard Insurance Company, founded in 1906 in Portland, Oregon, has a long-established presence in the American insurance landscape, offering both group and individual disability insurance. In 2016, its parent company, StanCorp Financial Group, was acquired by Meiji Yasuda Life Insurance Company, one of Japan's largest and oldest life insurers. Since then, The Standard has expanded aggressively — acquiring Elevance Health's Life & Disability business (adding roughly 4.8 million covered lives) and Allstate's Employer Voluntary Benefits business (approximately 3.5 million customers).
Financially, The Standard carries high ratings from independent agencies — A+ from Standard & Poor's, A1 from Moody's, and A (Excellent) from A.M. Best — reportedly maintained since 1928. But that financial strength hasn't kept the company out of legal and regulatory trouble: in 2017, it settled a class-action lawsuit for $2.4 million related to denied life insurance benefits for New Mexico public employees, and a 2016 multistate regulatory examination resulted in financial settlements and an agreement to reform certain life insurance practices.
Why The Standard Denies or Limits LTD Claims
Demand for "Objective" Medical Evidence
The Standard places especially high importance on MRIs, CT scans, and lab work — a significant hurdle for fibromyalgia, chronic fatigue syndrome, migraines, or mental health conditions that rely on subjective symptom reports.
Strict Definitional Shifts
Most policies move from "own occupation" to "any occupation" after 24 months. For licensed professionals — doctors, nurses, lawyers — The Standard may argue that any licensed activity, however unrelated to their actual specialty, disqualifies the claim.
Policy Exclusions & the 12/24-Month Cap
Mental health conditions and "Other Limited Conditions" like fibromyalgia and chronic fatigue are often capped at 12 or 24 months — a frequent flashpoint when physical and mental health issues overlap.
Pre-Existing Condition Investigations
If a disability arises soon after coverage begins, The Standard may investigate a 3-to-12-month "look-back" period, often demanding extensive medical history that feels intrusive and disconnected from the actual claim.
Perceived Gaps in Care
Reliance on a primary care physician alone, without specialist involvement, can be cited as a reason to deny a complex condition — regardless of whether specialist care was actually necessary or accessible.
Non-Examining Paper Reviewers
Doctors, nurses, or vocational experts who review records but never examine the claimant routinely downplay or contradict treating physicians' conclusions.
What to Expect During a The Standard Investigation
IMEs & FCEs
Attendance is usually mandatory — refusing can lead to automatic denial. FCE results often reflect maximum, not sustainable, effort, and your treating physician should address that gap directly.
Vocational Assessments & TSAs
Often rely on national job databases like the Dictionary of Occupational Titles, which can be outdated and fail to account for your real-world circumstances.
Surveillance & Social Media Monitoring
Often timed near IME or FCE dates. Occasional or carefully managed public activity doesn't equate to sustained work capacity — but insurers frequently frame it that way.
Field Interviews & Extensive Document Requests
You're not required to agree to a home visit without consulting a lawyer first. Requests for years of records, tax returns, and daily activity logs can feel overwhelming and duplicative.
Condition-Specific Challenges
Mental Health Conditions
Depression, anxiety, PTSD, and bipolar disorder face a 12- or 24-month benefit limitation on most group policies, even when the disability is severe and ongoing, plus a demand for "objective" evidence that these conditions don't produce.
Fibromyalgia, CFS & Chronic Pain
Frequently placed in the "Other Limited Conditions" category, subject to the same 12- or 24-month caps as mental health conditions — making them especially vulnerable to early termination.
Subjective-Symptom Conditions
Severe migraines, dizziness, and certain chronic back pain rely on self-reported symptoms. The Standard may treat these with particular skepticism, relying on surveillance or perceived inconsistencies to challenge credibility.
"Own Occupation" Challenges for Professionals
Highly skilled professionals may find The Standard interpreting "own occupation" broadly — arguing that if you can perform any duty permissible under your license, you're not disabled, even if you can no longer safely perform your actual job.
What the Courts Have Found
For most employer-sponsored plans, ERISA governs disputes, generally limiting courts to the administrative record. If the plan doesn't grant The Standard discretionary authority, courts review the case de novo — a standard that favors claimants. If it does, courts defer to the insurer under the "arbitrary and capricious" standard — unless there's clear evidence of bias or serious procedural failings, which is exactly what the cases below involve.
The court found The Standard violated ERISA's "full and fair review" rule by failing to share an adverse consulting physician's report before issuing its final denial — blocking the claimant from responding to it at all.
The court ruled The Standard acted arbitrarily by using an overly broad occupational standard — comparing the claimant's specialized role to a generic version of the profession — that didn't match the claimant's actual work.
The court held The Standard wrongly applied a mental health limitation to a claim where migraines contributed to depression, interpreting the ambiguous policy term in the claimant's favor rather than the insurer's.
Because The Standard both decides claims and pays benefits, courts also recognize a structural conflict of interest. It isn't enough on its own to change the standard of review, but it can sway a court's analysis when there's other evidence of biased decision-making — exactly the kind of pattern each case above illustrates.
Strategies for Success Against The Standard
Know Your Policy Inside and Out
The disability definitions, the elimination period, exclusions and limitations, pre-existing condition clauses, and every deadline that applies to notice, proof of loss, and appeals.
Build a Robust, Objective Medical Record
Prioritize objective testing where it exists, ensure specialist care where appropriate, and ask treating doctors for detailed narrative reports that address the policy's actual definition of disability.
Track Every Deadline and Submission
Keep detailed records of everything sent and every call made — late submissions can jeopardize an otherwise strong claim.
Treat the ERISA Appeal Like Litigation
Using the Litigation Back Approach, we address every reason for denial, include updated medical records and witness statements, and build the record as though a federal judge will read it — because for group plans, this appeal is your last real chance to add anything.
Secure Independent Vocational & Medical Support
Don't rely solely on The Standard's hand-picked experts — independent evaluations help level the playing field.
Manage SSDI Coordination Carefully
The Standard may offer help applying for SSDI, but consider your own trusted SSDI attorney to avoid a built-in conflict of interest, since SSDI awards offset LTD payments.
How Dorian Law Can Help
Some legal experts and claimant advocates describe an "attrition model" at large insurers like The Standard — a process that pressures some claimants to abandon valid claims simply due to complexity, delay, or exhaustion. Recognizing that dynamic is the first step to not becoming part of the statistic.
Comprehensive Policy & Denial Review
We dig into the fine print of your policy and The Standard's decision letters to pinpoint the specific weaknesses in its reasoning.
Evidence Development
We work directly with your treating physicians, coordinate independent evaluations, and gather the kind of robust, objective evidence The Standard demands.
Full ERISA Appeals & Federal Litigation
We craft administrative appeals that address every reason for denial and build the strongest possible record for federal litigation, if it comes to that.
Guidance Through Every Investigation
We advise you on handling IMEs, FCEs, and surveillance concerns so you don't inadvertently harm your own claim.
The Standard LTD Denial — Frequently Asked Questions
You're not required to have one, but The Standard has faced its own history of regulatory examinations and class-action settlements over claims handling. Under ERISA, your administrative appeal is typically the only chance to add evidence before a court reviews the case, so getting legal guidance before that appeal is filed carries far more weight than getting it after a second denial.
In Zall v. Standard, the Seventh Circuit found The Standard violated ERISA's "full and fair review" rule by failing to share an adverse consulting physician's report before issuing its final denial — blocking the claimant from ever responding to it. If your denial relied on a reviewer's report you never saw or had a chance to rebut, that's a specific, recognized procedural violation worth raising directly.
Courts have pushed back on this. In Doe v. Standard, the First Circuit ruled The Standard acted arbitrarily by comparing a specialized professional's actual work to a generic version of the occupation that didn't match what the claimant really did. If your occupation involves specialized skills beyond what a licensing category alone implies, that mismatch is worth documenting explicitly rather than assuming it's obvious.
Not automatically. In Kitterman v. Standard, a federal court in Oregon held that The Standard wrongly applied a mental health limitation to a claim where migraines contributed to depression, interpreting the ambiguous policy language in the claimant's favor. If The Standard has recharacterized a primarily physical condition as a mental/nervous limitation to trigger its 12- or 24-month cap, that's a specific pattern worth challenging directly in an appeal.
This is a common flashpoint. Most policies shift at 24 months from an "own occupation" standard to a stricter "any occupation" standard, and The Standard's interpretation of that shift can be strict, sometimes overlooking the real demands of a claimant's actual job. Building vocational and medical evidence ahead of that transition is far more effective than responding to a termination after it happens.
The Standard places especially high weight on MRIs, lab work, and imaging, even for conditions like fibromyalgia, chronic fatigue syndrome, and mental health disorders that are typically diagnosed through clinical judgment rather than a scan. These conditions are often placed in an "Other Limited Conditions" category subject to the same 12- or 24-month caps as mental health claims. The most effective response is a detailed physician narrative connecting specific functional limitations to the policy's actual definition of disability, rather than relying on the diagnosis alone.
Some legal experts and claimant advocates use this term to describe a claims process that, intentionally or not, pressures some claimants to abandon valid claims simply due to complexity, delay, or exhaustion — repetitive document requests, slow communication, and a demanding appeal process can all contribute to this effect. Recognizing the pattern is useful precisely because it's designed to be invisible: no single request or delay looks unreasonable in isolation, but the cumulative effect can wear a claimant down before the merits of the claim are ever fully addressed.
Courts have pushed back when insurers rely on non-examining paper reviewers without meaningfully engaging with a well-documented treating record — the ERISA "full and fair review" requirement at issue in Zall v. Standard touches on exactly this obligation. A denial that dismisses your treating physician's conclusions without addressing them directly is a recognized weakness on appeal, not a settled defense.
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