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Frequently Asked Questions

How Do I Know If I am Totally Disabled Partially Disabled Or Not At All?

Frank Darras:

“Some people have a hard time with their individual disability policy because, when they bought it, their occupation was different than when they became disabled. Example, if you’re a professional quarterback and you play in the NFL, you buy a big disability policy. 20 years later you’re a sportscaster.”

“Obviously, your duties are different. And that’s why a disability policy, an individual policy, evolves with you. So it’s the occupation at the onset of the claim.”

“Is that the day before, Frank? Is that the week before? The month before? The year before? Sometimes we can look backwards as far as two years to be able to look at the totality of the duties. It’s time spent or money earned.”

“Heart surgeon example, the heart surgeon may only operate four hours a week but makes the predominant, the important, the substantial money in those four hours as opposed to the pre- and post-op follow-up care and treatment. So it’s time spent, money earned, to determine whether you’re total, partial, or not at all.”

DarrasLaw is Americas' most honored and decorated disability litigation firm in the country. Mr. Darras has seen more, evaluated more, litigated more, and resolved more individual and group long term disability and long-term care cases than any other lawyer in the United States.

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