at
Vocational assessments play a significant role in long term disability (LTD) claims, particularly as insurers evaluate whether a claimant can return to work in any capacity. Assessments provided by vocational experts can significantly influence the outcome of a disability insurance claim.
A clear understanding of what vocational assessments are, how they are used, and how to challenge them is essential for protecting your rights and strengthening your LTD claim. Clients should consult with legal or vocational experts to fully understand the process and strengthen their disability insurance claim.
A vocational assessment evaluates your capacity to work by examining several key factors:
A vocational assessment will need to consider job requirements, including the number of hours worked, breaks available, and the physical, mental, and skill demands of the job. The purpose is to determine whether you can perform the essential duties of your own occupation or any occupation, depending on the stage of your LTD claim.
A skills evaluation identifies your current technical and transferable skills. Identifying transferable skills during a vocational assessment can reduce the fear of starting from scratch in a new sector.
In practice, vocational assessments are frequently used by insurers to argue that a claimant can return to work in some capacity, even when treating medical providers disagree.
Insurance companies rely on vocational assessments for a number of strategic reasons.
Most LTD policies shift from the own occupation definition of disability to any occupation after 24 months. At definition change, insurers often commission vocational assessments to identify alternative jobs they believe you can perform.
Disability adjudicators are required to critically assess whether claims satisfy the policy definition and to terminate them if they do not. Therefore if the insurer can point to a job which is within your restrictions and limitations and which you have the skills or education to perform, they will not pay the claim.
Vocational assessments are often used to explore safe and appropriate return‑to‑work options. The insurer and the employer may work together to identify an alternate role in the workplace, particularly at definition change.
A fair and credible vocational assessment must be grounded in objective evidence and must accurately reflect your medical and functional limitations. The report includes the claimant’s background, medical history, vocational assessment, labour market analysis, and conclusions and recommendations.
A thorough assessment should consider:
A functional capacity assessment addresses how physical or mental health limitations may impact your work capacity. The assessment must align with the medical evidence provided by your treating professionals.
Your formal education, certifications, and specialized training must be accurately represented. A vocational expert cannot assume you can transition into a role requiring skills or training you do not possess. Aptitude testing measures your natural talents and the potential to learn specific tasks, such as verbal reasoning or mechanical skills.
Your past roles, responsibilities, and skillset shape what is realistically transferable.
In addition to external vocational consultants, many insurance companies rely on in‑house transferable skills analysis (TSA) programs. These proprietary software systems are designed to identify occupations the insurer believes you can perform based on limited inputs such as your age, education, work history, and stated restrictions. Although these programs appear objective, they often produce results that are overly broad, unrealistic, or disconnected from your actual functional capacity.
These programs typically:
An experienced disability lawyer can identify flaws in an in-house TSA analysis such as:
While most insurers rely on in-house TSA programs to identify alternative occupations because it is an inexpensive option, they may choose to have a vocational assessment conducted. Vocational assessments may appear more comprehensive than a TSA report; however, not all vocational assessments are conducted fairly. Many contain errors or assumptions that can be challenged.
Some assessments rely on selective or outdated medical information, or they misinterpret your restrictions.
Insurers sometimes assume that skills from one occupation automatically transfer to another, even when the roles differ significantly.
Examples include jobs which:
require full‑time attendance when you can only manage part‑time
require cognitive stamina you no longer have
do not exist in your region
require significant retraining (costly or lengthy)
require business travel or have high focus demands that your disability prevents you from fulfilling
Many assessments fail to consider whether you can sustain work consistently, not merely perform tasks intermittently.
Chronic pain, fatigue, and mental health conditions often fluctuate. A single assessment rarely captures this reality.
During a vocational assessment, it is important to be honest and consistent. You will want to describe your limitations clearly and accurately. If you can only sit for 20 minutes, state this. If you require breaks, explain why.
After the assessment, you should request a copy of the report. You are entitled to a copy of any assessment report the insurer has. Read the report carefully and challenge inaccuracies.
In litigation, vocational assessments are important – particularly when challenging a termination of benefits at definition change. Your legal team may obtain an independent vocational assessment to counter the insurer’s TSA report. Expert vocational assessments will identify flawed assumptions about your skills and education. A strong rebuttal can significantly strengthen your LTD claim.
The insurer will present a vocational assessment as though it is conclusive proof that you do not satisfy the definition of disability and is “scientific” . However, it is not the final word on your ability to work. Your lived experience, medical evidence, and functional limitations matter. A vocational assessment is only one piece of the puzzle, and it must be accurate, fair, and grounded in reality.
For advice, please text 613-777-0992 or contact us to schedule a meeting with one of our lawyers. We will provide a free consultation, in French or English, to ensure that your rights are protected. In most cases, we can offer to represent you on a contingency fee basis. This means that you do not pay legal fees unless you win or achieve a settlement on your case.
Inconsistent medical records are one of the most common issues that arise in long term disability (LTD) and CPP Disability (CPP-D) claims. If […]
Depression is a leading cause for disability leave and income replacement claims. Approvals turn on functional capacity and program‑specific definitions—not diagnostic labels alone. […]
If your long term disability (LTD) insurer has written to say you owe them money, you are understandably anxious. These letters are often […]
Reviews
