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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.

There are 9 opinions so far. Add your comment below.

Beth:

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!

Attorney Greg Dell:

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.

Gordon Joslin:

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.

Respectfully,
Gordon

Attorney Greg Dell:

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.

Ronnie Ward:

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.

Attorney Greg Dell:

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.

Attorney Greg Dell:

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.

Mina:

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?

Attorney Stephen Jessup:

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.

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