Legal Guide

Own Occupation vs. Any Occupation — What It Means for Your Claim

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Own Occupation vs. Any Occupation — What It Means for Your Claim

If you're receiving—or applying for—long-term disability (LTD) benefits in Alberta, you've likely heard two confusing terms: "own occupation" and "any occupation."

These definitions are more than just policy jargon. They determine whether your insurer will **approve, continue, or terminate your disability benefits**. Many Alberta claimants are approved under the "own occupation" test but are suddenly cut off after two years when the insurer switches to the "any occupation" standard.

As Alberta disability lawyers who once defended insurance companies, we've seen firsthand how insurers use this transition to deny ongoing benefits.

This article explains what "own occupation" and "any occupation" mean, how they affect your claim, what evidence you need to meet each test, and how to fight back if your insurer stops payments at the two-year mark.

The Two-Stage Definition of Disability

Most LTD policies use a **two-stage definition of disability**:

Understanding the Stages:

First 24 Months: Own OccupationYou qualify if you can't perform your **own occupation**.
After 24 Months: Any OccupationYou only qualify if you can't perform **any occupation** you're reasonably suited for.

Understanding 'Own Occupation' and 'Any Occupation'

The definitions of disability change at the two-year mark, creating different standards for qualification.

Alberta-Specific Rules and Deadlines

LTD claims are subject to Alberta's insurance and limitation laws:

Two-Year Limitation Period

You must file a lawsuit within two years of denial or termination.

Internal Appeals

Optional, but do *not* stop the limitation clock.

Own-to-Any Review Timing

Usually occurs at 24 months but may vary by policy.

Bad-Faith Claims

Alberta courts may award extra damages if the insurer acts unfairly or delays payment.

Steps to Protect Your LTD Benefits

Taking proactive steps can help protect your benefits through the transition period:

Understand Your Policy

Review your policy language to understand how 'own occupation' and 'any occupation' are defined in your contract.

Maintain Consistent Medical Evidence

Keep detailed, updated medical and functional evidence that addresses both definitions.

Prepare for the Two-Year Review

Begin gathering evidence well before the 18-24 month mark to prepare for the transition review.

Don't Accept Premature Termination

Challenge insurer claims of 'improvement' without proof, and don't accept termination letters without legal review.

Consult a Lawyer Early

Contact a disability lawyer before or during the two-year review to protect your rights and benefits.

How a Lawyer Helps Protect Your LTD Benefits

A disability lawyer bridges the gap between medical proof and insurer interpretation. Here's how we help:

Review Your Policy Language

Clarify how 'own' and 'any' occupation are defined in your contract.

Gather Strong Medical Evidence

Coordinate detailed reports that address both definitions.

Engage Independent Specialists

Provide neutral assessments that outweigh insurer-hired doctors.

Secure Vocational Experts

Demonstrate that alternative jobs aren't realistic.

Negotiate or Litigate

Push for reinstatement, back pay, or settlement when benefits are wrongfully terminated.

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Frequently Asked Questions

Conclusion

The difference between 'own occupation' and 'any occupation' defines the life of your LTD claim. Insurers use the transition at two years to terminate benefits, counting on claimants to give up. But Alberta law protects those who can prove that their disability still prevents realistic employment.

Know which definition applies to your policy and stage.

Keep detailed, updated medical and functional evidence.

Don't accept insurer claims of 'improvement' without proof.

Consult a lawyer before or during the two-year review.

Were your LTD benefits cut off after two years? Contact us today for a free consultation.

No fee unless we win.