Collecting long term disability insurance benefits while simultaneously working a paid full time job is dependent on the language in your disability insurance policy.
Total disability is defined in your disability insurance policy. This definition can vary from policy to policy. Three commonly used definitions include own-occupation, modified own-occupation and gainful occupation. Modified own-occupation and gainful occupation disability policies will usually disallow such a scenario. A disability policy with own-occupation language may not.
Own-occupation is the most flexible definition of total disability for an insured. If the insured is unable to perform the material and substantial duties of his or her own occupation at the time of disability, the disability insurance company will owe the claim under an own-occupaion policy, even if you are working in some other capacity or employment. Some own-occupation policies, however, are not genuine own-occupation policies and may prevent you from collecting a paycheck in addition to your long term disability benefits. Therefore, the disability policy should be read from cover to cover to prevent disability benefits from being terminated.
In general, under the terms of an own-occupation disability insurance policy, the inability to perform the material and substantial duties of your occupation will entitle you to long term disability benefits, notwithstanding your ability to work in some other occupation.
A classic example is when a physician surgeon is unable to perform the material and substantial duties of a surgeon due to sickness or injury and files for long term disability insurance benefits. The claim is approved and the physician surgeon now resorts to physician office work only where he may even earn more than he did as a physician surgeon while also collecting his own occuption long term disability insurance benefits.
The Law Firm of J.P. Gonzalez-Sirgo, P.A. represents individuals that have had their valid long term disability insurance benefits denied, delayed or terminated.
You can reach Long Term Disability Insurance Claims Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email J.P. directly at [email protected].
