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New Expectations for Vocational Assessments of 'Any Occupation'
Lane Powell PC 
Oct. 3, 2017
"[M]ost ERISA [disability] plans require an assessment, say after 24 months, whether the claimant can perform 'any occupation.' This review usually involves a Vocational Assessment examining what 'other occupations' and earnings are available given the claimant's education, skills and experience.... Courts are placing higher burdens on vocational experts when establishing what 'other occupations' the claimant can assume. For example, using median wage data may not be sufficient in certain circumstances." [Flaaen v. Principal Life Insurance Co., No. 15-5899 (W.D. Wash. Sept. 27, 2017)]
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