FAQ – What is the definition of disability? | Tampa Long Term Disability Lawyer

I have two teenagers, and when I asked them a question the answer always seems to be “it depends!” Doesn’t that just drive you nuts?

Sorry, I’m going to drive you nuts in answering this question.

You would think the insurance companies who are in the business of writing disability policies could come up with a simple definition of disability. Think again …

Let’s start with wikipedia’s definition of disability:

“A disability is a condition or function judged to be significantly impaired relative to the usual standard of an individual or their group. …”

Okay, let’s look at your disability policy. How does your policy with its fancy cover define “disabled?” You might language that says “disability” means: “the inability to perform the material and substantial duties of your regular occupation due to your sickness or injury, and if you have a 20% or more loss in your indexed earnings to do that sickness or injury.”

You need to go searching for a definition of ” material and substantial”, “regular occupation”, ” sickness or injury” and “indexed earnings”.

Your employer told you, when you bought the policy, that you were buying a disability policy that would pay you disability benefits when you are unable to work. That’s not what this policy says.

Do you know the definition of “disabled” is in your policy? Do you think you need to know what “material and substantial” means and how it applies in your case? Do you think you need to know what “your regular occupation” is as defined by the policy? By the way, did you change your job to continue to work despite your disability? Is that your regular job, or is it the job you are doing at the time you became disabled?

Do you think you require the assistance of a skilled disability benefits attorney? This is a complex area of law that most attorneys simply do not understand. Personal injury attorneys think this is like a personal injury claim or contract dispute over coverage. They can be as uninformed as you.

If you don’t know what the definition of disability is in your policy, you will find it very difficult to meet the appropriate standard and receive the long term disability benefits that you are entitled to as a result of your disabling medical condition. It depends on whether you want to try to represent yourself or whether you want to find an experienced long-term disability attorney, such as Nancy Cavey, to represent you. If you would like help with your case, contact Nancy by clicking here or by calling 727.894.3188.

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