Hartford denied my LTD at the 24 month mark using the 'any occupation' clause - they say I can work as a parking attendant. Has anyone fought this and won?
I have been on LTD since March 2024 after a cervical spine surgery that did not go the way it was supposed to. Two failed fusions, chronic pain that is managed but never really gone, and limited use of my right arm. My own occupation as a dental hygienist is obviously off the table and Hartford paid the first 24 months without much pushback.
Last week I got a denial letter for ongoing benefits. The reason: under the "any occupation" definition, they identified three jobs I could "reasonably perform": parking attendant, surveillance system monitor, and call center representative. They had a vocational consultant write a 12 page report explaining how I am qualified for these jobs and how they exist in my local economy.
My orthopedic surgeon and pain management doctor both wrote letters saying I cannot sit or stand for more than 30 minutes at a time without significant pain flare ups, and that my opioid regimen makes operating equipment or responding quickly to stimuli unsafe. The "any occupation" jobs they picked all require sitting for hours. None of that seemed to matter.
Has anyone successfully appealed an "any occ" denial? My ERISA appeal window is 180 days and i am terrified of doing it wrong. Do I need a lawyer right now or can I try the appeal myself first?
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