How is residual or partial disability treated under my long term disability policy?

Residual disability is defined in your disability insurance policy.  Residual disability is also referred to as partial disability.  This definition can vary from policy to policy.  Two commonly used definitions include loss of income and loss of time/duties.

Loss of income is when you have suffered a residual disability and can still perform the material and substantial duties of your occupation, but you have suffered a loss of income of at least 20%.  The disability insurance company will stop paying your claim when your loss of income is less than 20%.

Loss of time and duties is when you have suffered a residual disability and can still perform the material and substantial duties of your occupation, but you have suffered a loss of time and duties.  The disability insurance company will stop paying your claim when you are back to working full-time.

The Law Firm of J.P. Gonzalez-Sirgo, P.A. represents individuals that have had their valid long term disability benefits denied, delayed or terminated irrespective of whether the policy was purchased individually or issued through an employer group policy.  The firm is available to assist individuals with the initial application process, during the administrative appeals process, handling denials of claims or termination of benefits, litigation in state or federal court, and negotiating a one-time lump sum settlement or buy-out.  Please contact our office to discuss your case in more detail.