Residual disability, also known as partial disability, is when you are suffering from a disabling medical condition which is in some way negatively affecting your ability to work, but is not total disability. Generally, residual disability can be defined two different ways: it can be the ability to perform one or more, but not all, of the material and substantial, or important duties, of your own occupation, or the ability to perform all of the material and substantial, or important duties, of your own occupation, but for less time than before you became disabled. In addition, there is usually an income loss provision that must be satisfied as a result of your disabling medical condition.

However, it is important to review your policy and understand the exact definition as it applies in your own Individual Disability Insurance policy. It is important to understand the material and substantial duties of your own occupation and how they are impacted by your medical condition. It is also imperative to understand the financial loss issue that must be satisfied and how the financial loss of earnings calculations will be applied under your policy provisions.

Residual disability benefits can also be an extremely valuable tool when recovering from your disabling injury or sickness. It allows a gradual return to work while still eligible to receive benefits and maintain your ongoing claim status. Also, it can allow for the necessary reduction of work consistent with your work related restrictions and limitation stemming from your disabling medical conditions and a partial payments of benefits while you continue to work in your reduced capacity.

At Seltzer & Associates, we will assist you in understanding the definition of residual disability as it applies to your unique situation, including what your material and substantial duties are, how your disability insurance company will perform the financial analysis, and how it applies to your medical condition. We will help you understand how your disability insurance company will view your claim in light of your situation and how to best and most strongly present your claim in the face of your company’s analysis and position.