How Age Plays a Role in Long-Term Disability Decisions

When filing a long-term disability (LTD) claim, most people focus on their medical condition. However, your age plays a surprisingly critical role in how insurance companies evaluate your file. Whether you are nearing retirement or in the prime of your career, your age can dictate the strategy needed to secure your benefits.

Here is a summary of how age influences LTD decisions:

• Vocational Analysis: Age significantly affects how insurers determine if you can adjust to a new type of work.
• Medical Scrutiny: Older claimants often face arguments that their symptoms are merely “age-related degeneration” rather than a disability.
• Benefit Duration: The length of time you receive payments often changes based on your age at the time of disability.

Age and Vocational Eligibility: The “Any Occupation” Standard

Most LTD policies shift the definition of disability after 24 months from “own occupation” (you can’t do your specific job) to “any occupation” (you can’t do any job). This is where age becomes a powerful factor.

Insurance companies and courts generally recognize that as workers age, their ability to learn new skills or transition to different industries diminishes.

Medical Evidence: Disability vs. Aging

Age influences how insurance companies interpret your medical records. For older claimants, insurers often attempt to dismiss disabling symptoms as normal signs of aging rather than a covered sickness or injury.

This tactic is common with conditions like:

• Degenerative disc disease
• Arthritis
• Fatigue

If you are in your 60s and claim disability due to back pain, an insurer might deny the claim by stating the MRI shows “age-appropriate changes.” They attempt to frame your inability to work as a retirement choice rather than a medical necessity. To combat this, we must provide specific medical evidence proving that your condition exceeds normal age-related progression and functionally prevents you from performing your job duties.

Benefit Duration and Maximum Payment Periods

Finally, age dictates how long you will be paid. While many people assume LTD benefits last until age 65, this is not always true if you become disabled later in life. Policies typically have a “Maximum Benefit Period” schedule to comply with the Age Discrimination in Employment Act (ADEA).

• Disabled before age 60: Benefits usually continue until age 65 or your Social Security Normal Retirement Age (SSNRA).
• Disabled at age 62+: Benefits may be limited to a set number of years (e.g., 36 months) or follow a sliding scale that reduces as you get older.

Understanding where you fall on this schedule is vital for financial planning. If you are 66 and become disabled, you might only receive 12 to 24 months of payments, not lifetime support.

Your Success Is Our Priority

Navigating the intersection of age, vocational skills, and medical evidence requires a nuanced legal strategy. At Bartolic Law, we understand how insurers use age against claimants, and we know how to turn those arguments around to support your case.

Whether you are fighting a denial based on “transferable skills” or “age-related degeneration,” we are your trusted legal partner. Contact us today to ensure your age doesn’t stand in the way of the benefits you deserve.