The 24-Month LTD Switch to “Any Occupation”: How to Prepare and Fight Terminations

If your long-term disability (LTD) claim is approaching the 24-month change-of-definition, your insurer will likely reassess you from “own occupation” to “any occupation.” That pivot is when many claims are cut off. With the right medical, vocational, and legal preparation, you can protect your benefits or position yourself to challenge a termination. If you need a strategy now, a long term disability lawyer in Toronto can map out the next steps before the insurer acts.

What the 24-month “any occupation” test really means

Most group LTD policies pay benefits for the first 24 months if you can’t perform the essential duties of your own job; after that, many policies require proof that you can’t work in any occupation for which you’re reasonably suited by education, training, and experience. The phrase sounds absolute, but in practice it’s about realistic, gainful work that aligns with your background, not any job that exists. If you’re unsure how your policy words it, have a Toronto employment lawyer review the exact definition and any income thresholds.

How insurers build an “any occupation” termination case

At 18–24 months, insurers often gather defence-oriented evidence: independent medical examinations (IMEs), paper “file reviews,” surveillance, and vocational assessments. Those tools can misrepresent fluctuating conditions or underestimate cognitive fatigue. Before invitations to IMEs start landing, speak with a long term disability lawyer about preparing your treating team and your own documentation so your file reflects day-to-day limitations, not just a snapshot on a “good” day.

Your 90-day plan before the switch

1) Tighten medical continuity. Ask your physician to capture function, not just diagnosis: sitting/standing tolerances, lifting limits, absenteeism, pain flare frequency, and cognitive stamina. Share a job-task list so notes address real duties. If your family doctor needs help documenting, our team can suggest practical templates clinicians accept.

2) Consider objective testing. Where appropriate, talk to your doctor about referrals for functional capacity evaluations or neuropsychological testing. Objective measures often carry significant weight at the “any occ” stage. If scheduling is an issue, a long term disability lawyer in Toronto can push back on unrealistic deadlines while evidence is gathered.

3) Align workplace accommodation records. If you’re still employed, make sure accommodation requests and outcomes are documented with HR. Ontario employers have a duty to accommodate disability to the point of undue hardship, and aligning those records with your LTD file supports your case; if HR resists, an employment lawyer can step in to keep the process on track. The Ontario Human Rights Commission’s guidance on the duty to accommodate explains how employers must adjust rules and practices to support disabled employees, which often dovetails with LTD evidence mid-claim.

Documentation that persuades adjusters (and Court)

Insurers (and later, courts) want consistent, longitudinal evidence. Keep a simple symptom and function diary tied to activities of daily living such as meal prep, child care, errands, screen time, and recovery periods. Share highlights with your clinicians so those impacts appear in chart notes. If you’re unsure what to track, book a short call through our contact page and we’ll tailor a checklist to your condition. While personal journal evidence is not the be all end all, it will still have an impact in the overall assessment of your matter. 

Common LTD claim mistakes at the 24-month mark—and how to avoid them

Our blog on LTD claim mistakes in Ontario flags issues that frequently derail good claims, including missing insurer deadlines, downplaying symptoms at appointments, and letting gaps appear in treatment during wait-lists. The fix is practical: calendar all insurer deadlines, bring a support person to key appointments, and ask your doctor to note when treatment delays are system-driven rather than patient-caused so the insurer can’t weaponize wait times against you.

What if you’re let go while still on claim?

Being terminated from employment while on LTD creates two tracks: one for benefits, another for employment rights. In Losing Your Job While on Long-Term Disability in Ontario we explain that job loss does not automatically end LTD benefits; entitlement flows from medical disability and policy wording, not employment status. If you face termination, speak with an employment lawyer about severance, human-rights remedies, and how those issues intersect with your ongoing LTD claim. To understand the complex interaction between the two, it  is important to talk to a lawyer who practices in both areas of law – employment law and long-term disability law. 

How to handle IMEs, surveillance, and “file reviews”

• IMEs: You must participate reasonably, but you’re entitled to procedural fairness—adequate notice, travel arrangements that respect restrictions, and examiners in the right specialty. If an appointment is unsafe or duplicative, a long term disability lawyer can negotiate alternatives, such as providing updated treating-provider reports first.
• Surveillance: Short clips rarely capture post-exertional crashes or activity trade-offs. Ask your doctor to explain symptom variability and recovery time in clinical terms. If a video is raised, we’ll respond with function-focused medical evidence through Unified LLP so context isn’t lost.
• File reviews: Paper reviews can misstate the record. Request that adjusters share review summaries in writing so we can correct errors formally before decisions harden.
  

Vocational “suitable occupations”: why titles aren’t enough

At “any occupation,” insurers often propose theoretical jobs such as call-centre roles for concussion patients, outreach work for chronic pain, or administrative duties for neuropathy. Suitability isn’t just a title; it’s the essential duties, pace, attendance reliability, and income. A long term disability lawyer will test those assumptions against your actual tolerances and the labour market. If you live outside Toronto, our Oakville, Kitchener, Hamilton, or Kingston teams can support locally.

Should you try a gradual or modified return?

Sometimes a supervised, graduated return or modified duties is the best evidence you can’t sustain competitive work. If your doctor recommends a therapeutic trial, ensure clear, written parameters and objective stop-rules are in place. If the employer can’t accommodate, loop in a Toronto employment lawyer to document the process; that record often helps when an insurer argues that “any occupation” exists in theory but not in your real life.

If your benefits are terminated at 24 months: appeal or sue?

Internal appeals can be useful to fix simple misunderstandings, but many are paper exercises that delay litigation. Ask us to review the denial letter promptly so we can decide whether to appeal strategically (with targeted medical/vocational evidence) or commence a lawsuit. Starting a claim doesn’t foreclose settlement; it often puts the file in front of a different team and timelines. A long term disability lawyer in Toronto can also seek arrears, ongoing benefits, interest, and costs, and where appropriate, aggravated or punitive damages for bad-faith handling.

Coordinating LTD with STD, EI sickness, and work status

Many clients arrive after a rough year of STD, EI sickness, and unpaid leave. If you’re still within the short-term window, our short-term disability lawyer Toronto page explains how records from the STD phase lay the groundwork for “any occupation.” 

Settlement timing: when negotiation makes sense

Not every case should run to trial. If your doctors expect functional plateaus or your career path has no realistic re-entry, negotiating a lump-sum settlement at the right time may be smart. The discussion will have to include structuring for tax considerations, offsets, and other benefit interplay (such as CPPD), then negotiate from strength through Unified LLP so you can focus on health, not monthly proof-of-loss deadlines.

FAQs: The 24-Month “Any Occ” Switch

Can my insurer force me into any job at 24 months?
No—policies usually require work that is reasonably suited to your background and often gainful. If the proposed role ignores your medical limits, a long term disability lawyer can challenge suitability with functional evidence.

Do I have to attend every IME they schedule?
You must cooperate reasonably, but logistics and specialty must be appropriate. If an IME is unsafe or duplicative, ask a Toronto employment lawyer or LTD counsel to intervene so your cooperation is fair and documented.

What if my employer says they can’t accommodate?
The duty to accommodate is robust in Ontario; if HR stops short of the legal standard, we’ll align your LTD file with employment law strategy through Unified LLP and escalate where necessary.Should I appeal internally or sue right away?
It depends on the denial reasons and your evidence. We often file one targeted appeal to correct obvious errors, then issue a claim if the insurer digs in.