Disability & Long-Term CareQuestion 252 of 315

Which definition of total disability is MOST favorable to the insured during the ENTIRE benefit period?

a.True 'own-occupation': the insured is unable to perform the material duties of his or her own occupation, even if able to work in another field
b.Modified own-occupation: own-occupation for the first 2 years, then any occupation for which the insured is reasonably suited
c.Any-occupation: unable to perform the duties of ANY occupation for which the insured is reasonably suited by training, education, or experience
d.Gainful-occupation: unable to earn at least 80% of pre-disability income in any occupation

Explanation

A 'true own-occupation' definition pays the insured as totally disabled whenever they cannot perform the material duties of THEIR specific occupation — even if they can earn income in a different field. This is the most favorable definition and is most often available to physicians, attorneys, and other specialty professionals (at higher premium). Option B is the common 'split definition' — favorable for the first two years, then narrows to any-occ. Option C is the strictest test, used by Social Security Disability Insurance — the insured must be unable to perform any reasonably suited job. Option D ('gainful occupation') is in between. The order from most-to-least favorable to the insured: true own-occ → split → gainful → any-occ.

Law Reference: Cal. Ins. Code §10350 et seq. (disability provisions)

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