Partial Disability and Total Disability Benefits

At DarrasLaw, we receive many inquiries each week from people who are having difficulty performing their assigned work tasks. Some want to keep on working if they can, but others know that they can no longer do the work that their employers expect of them.

If these people have individual disability policies that they purchased themselves, or if they have disability coverage provided by their employers, they may be entitled to disability benefits. If their insurance companies honor their policies, they may receive either partial disability benefits (also called residual benefits) or total disability benefits. The topic of partial disability and total disability benefits is difficult and complicated. Questions regarding your rights and options can only be answered with reference to your condition and specific circumstances. If you are unable to perform your work tasks, you should speak with a disability attorney experienced in this area of the law.

DarrasLaw is nationally recognized as the top disability law firm in America. We have helped thousands of people obtain the disability benefits they were entitled to, and we want to help you.

Contact us today for a free initial consultation with a lawyer.

The Differences Between Partial Disability and Total Disability Benefits

Each insurance company has its own definition of partial disability and total disability.

Definitions of total disability generally include language such as "inability to perform the substantial and material duties of your occupation at the onset of your claim" or something similar. Your policy may have "own occupation" provisions that further govern eligibility for total disability benefits.

Definitions of partial disability usually have language such as "inability to do one or more of the duties of your occupation, leading to a loss of earnings of 20 percent or more." If you do receive a partial disability benefit, you may receive disability benefits only to age 65 and those benefits will generally be reduced by any additional income you earn.

There are many more complex issues regarding partial disability and total disability. In a free consultation, an attorney at our disability firm can review your case and answer questions such as:

  • How can I qualify for total disability benefits?
  • If I receive partial disability benefits and my earnings fluctuate, how will the insurance company pay me?
  • What are my options if the insurance company denies my claim?
  • My ability to work has deteriorated since I filed my disability claim. How does that affect the status of my claim?
  • Can I collect both total disability benefits and Social Security benefits?

Contact Our Firm

For a free consultation about your case, contact DarrasLaw.