Frequently Asked Long-Term Disability Questions

Can I work in a different occupation and still collect my monthly disability benefit?

Yes.  If your policy contains an “own-occupation” definition of total disability then depending on the nature of the duties you are performing in this different occupation you can still collect your monthly disability benefit.  It is important to review your policy to determine the duration of your own-occupation period.

Do I need to incur a drop in income to collect my total disability benefit?

If you are filing a claim for total disability the answer is no.

Do I need a drop in income to collect my residual or partial disability benefit?

If you are filing a claim for residual or partial disability the answer is yes.  A residual or partial claim involves a comparison of your income prior to becoming residually or partially disabled with the income you are currently earning from working.  Depending on the percentage drop of income you may be entitled to your full monthly disability benefit, a portion of your full monthly benefit or no benefit at all.

What is Mental and Nervous limitation?

Many group disability policies contain a two year limitation on benefits for a claimant who is disabled due to a mental and nervous condition.  If your policy has such a limitation please be advised your benefits will stop being paid even if you remain disabled from your mental and nervous condition beyond the two year period.  For example, if your primary disabling condition is due to an injury and that injury has caused you to become depressed, it is important to have your treating doctor emphasize that your primary disabling condition is your injury and that your depression is a by-product of your injury.  Otherwise the insurance company will seize upon your depression as your primary disabling condition in order to limit payment of your claim under the two year mental and nervous limitation.

Do I have to submit to an Independent Medical Examination (IME) or Functional Capacity Evaluation (FCE)?

The initial answer to this question is to immediately contact an experienced disability claim lawyer.  This is vital because a request for an IME or a FCE usually means 99% of the time the insurance company is looking to terminate or deny your claim.  Please contact Harms & Harrigan, LLP. immediately to discuss a comprehensive strategy to effectively respond to these types of requests.

Please contact Harms & Harrigan, LLP for an initial evaluation to answer all of your questions related to your claim.