Do you need to suffer a loss of income to collect disability income payments?

Under many policies if you are unable to perform the substantial and material duties of your occupation, then you do not need to suffer a loss of income in order to collect total disability benefits. Under many of these same policies, if you are only residually disabled, as opposed to totally disabled, then you must generally suffer a percentage loss of pre-disability income as defined by the policy.

Comments (9)

  • Mina,

    First and foremost you will need to find out if you are covered under your employer’s disability insurance policy. If so you will need to review the requirements for receipt of benefits under same. When you obtain a copy of your policy(ies) please feel free to contact our office to discuss how we may be able to assist you in filing for benefits.

    Stephen Jessup Sep 28, 2014  #9

  • I am currently employed. I need to have surgery. I have a surgery date set for November but since its urgent I may be called sooner if there is a cancellation. Since I will not be working I will not be receiving any income for at least a month. Do I qualify for disability? If so, how would I apply for it?

    Mina Sep 27, 2014  #8

  • Elaine,

    The long term disability division and waiver of premium division are often separate as they are different policies. You may be entitled to benefits under both policies. Let us know if we can assist you.

    Gregory Dell Feb 2, 2012  #7

  • Ron,

    You should contact us via email or call us to discuss your claim. We will need to review your disability policy and your denial letter.

    Gregory Dell Nov 15, 2011  #6

  • I have filed with Colonial Life for stress disability. My doctor says I do not need to go back to work due to stress. I work in a prison. They have denied me saying I was able to perform my essential functions – walking, kneeling etc. This is no office I work at, I work in a prison (maximum security) where one quarter are never getting out and they are males of ages 18 to 25. I have been doing this and paying them over 5 years, what can I do? It just finnally got to me.

    Ronnie Ward Nov 14, 2011  #5

  • Gordon, as long you can send the medical records to the carrier, then they should be able to evaluate the claim. Additionally, you should notify the carrier in writing and tell them to send somebody to come examine your brother-in-law. It is not true that your brother in law must sign in order to receive disability benefits.

    Gregory Dell May 18, 2011  #4

  • If you have Disability Insurance policy in force, and you become totally disabled, i.e. stroke patient, how do you collect on the disability insurance? My brother-in-law is in this situation, and the insurance company said he has to sign for the disability. He was able to make an X and have it witnessed by the nurses.

    The insurance company is stating that is not good enough, and have denied his claim. In the meantime while he is still in recovery, his family has no income.

    My sister does not have a Durable Power of Attorney, and is being told she needs to apply for Guardianship? This is in the sate of Wisconsin.

    Thank you for any helpful advice.


    Gordon Joslin May 13, 2011  #3

  • Beth, the answer to your question will depend on the language contained within your husband’s Paul Revere disability insurance policy. There are multiple scenarios in which a person does not suffer a loss of income but is still receiving total disability benefits. In most cases if a person becomes disabled before they are terminated, then they will still be eligible for disability benefits. Your question is very specific so in order to answer it we would need to review your husband’s policy and get some additional information from him. We always offer a free phone consultation to review the disability insurance policy and discuss your husband’s options. It is always in a claimant’s best interest to have a disability attorney assist with the disability application process.

    Gregory Dell Mar 7, 2011  #2

  • If you have a disability policy and have been laid off, does that mean that you cannot collect disability? My husband has a disability policy through Paul Revere. His surgery date was a week before the lay-off. In this case we probably wouldn’t collect because we have a 180 day waiting period, but if he was still disabled after that, would he be eligible since he is now unemployed? Thank you very much!

    Beth Mar 3, 2011  #1

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Questions About Hiring Us

Do you work in my state?

Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.

What are your fees?

Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.

The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.

In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

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