Total v. Residually Disability Benefits: The Ongoing Battle?
The single most litigated issue in a long term disability claim is whether a claimant is residually or totally disabled. Disability companies will save a lot of money if they can prove that a claimant is residual rather than totally disabled. In this video, disability insurance attorneys Cesar Gavidia and Gregory Dell discuss some examples of cases involving a total versus residual disability analysis. In every claim, the policy language and the specific facts will determine if a claimant could continue working in some capacity and still be determined totally disabled. Our disability lawyers have conducted this analysis for hundreds of doctors, lawyers, accountants and other business professionals. We have seen numerous cases in which a claimant was told they were residually disabled, when in fact they should have been deemed totally disabled. Contact any of our disability insurance lawyers for a free consultation and review of your long term disability claim.