Some long-term disability insurance plans provide for residual benefits. These benefits may be available if you have a disabling medical condition, but you are able to continue working to some degree. This type of work usually occurs on a part-time rather than a full-time schedule and entails the performance of only certain functions of the job that your disability does not prevent you from doing. In many cases, residual benefits are available for those persons who have at least a 20% reduction in their monthly incomes due to their disabling conditions. This is a means of making up a partial income loss due to disability.
Even if your policy permits the continued receipt of long-term disability benefits while working part-time, the policy may impose limits on the hours that you may work or the amount of your monthly earnings. Some policies may even limit the type of part-time work that you perform, such as barring you from performing manual labor, even on a part-time basis, and still receiving benefits.
However, you will not be able to continue receiving long-term disability benefits at all if you are able to work part-time under some long-term disability insurance policies. These plans simply may prohibit you from working while receiving long-term disability benefits. Alternatively, your disability plan may define disability for the purposes of benefits eligibility as an inability to work in any occupation. If this is the definition used in your plan, then you would no longer be considered disabled if you were able to work on a part-time basis. When you are disabled and unable to work, or only able to work a reduced schedule, we know that every dollar can be crucial to the support of your household, which may make part-time work a necessity for you. In this situation, you need legal advice about building and maintaining the most effective ERISA long-term disability claim possible and guidance as to the pitfalls to avoid. Bonnici Law Group provides skilled, aggressive legal representation on a regular basis for individuals who are seeking long-term disability benefits under insurance policies governed by ERISA. Our priority is to represent your interests and protect your rights to the benefits that you deserve. Call us at 858-261-5454 and schedule an appointment to meet with us about your case today.
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