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The following article was published in Your Health Magazine. Our mission is to empower people to live healthier.
Scott B. Elkind, Esq.
Disability Dilemma
Elkind & Shea, The Disability Benefits Law Firm
. http://www.disabilitybenefitslawfirm.com/

Disability Dilemma

No one wants to be disabled and unable to work. Due to this sentiment, many workers continue to work while functionally disabled and place themselves in a disability Catch-22.

In most cases, making a disability claim will result in a substantial loss of income. A private disability insurance policy pays approximately 60% of salary, while many policies only pay 50%. Social security is even less generous, with a current maximum payout of $1,750 per month for top wage earners and an average monthly benefit of approximately $900 per month. Therefore, most people have a clear incentive to keep working as long as possible despite their disability.

Both disability insurance policies and social security state that you may be entitled to benefits if you have reduced earnings. In fact, social security will allow a disabled person to earn up to $750 per month without sacrificing monthly disability benefits.

A private disability policy may state that a covered person is eligible to receive residual disability benefits after a 20% or greater loss of income as a result of disability. Do not believe this. Most claims will be denied. Furthermore, these claims may be very difficult to appeal, as it is hard to quantify what allows a person to be able to perform part-time work as opposed to full-time work. Even worse, insurers will redefine your job as part-time employment even in spite of your employer's accommodation to assist you with your disability. In such cases involving private disability insurers, your changing to part-time work will make your disability case even harder to win.

Social security also takes a hard line concerning claims made by persons who continue to work part-time. In most cases, these claims will be denied.

When faced with disability and the question of whether you should reduce your hours to part-time, you should undertake a series of consultations.

You should also speak to a skilled legal counsel who has considerable experience in handling disability cases. It is extremely important not to make the common mistake and trust that social security or a disability insurer will do the right thing.

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