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ERISA Disability Insurance Claims

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OUTSIDE WORK AFFECTING MY CLAIM: If I do some work in another profession, is my claim closed?  If the work is part time and temporary, what happens when I stop working?  If the claim is closed, do I have to go through the whole process again?  Can they cancel my policy?

 

A: The fact that you can do some work in another profession does not necessarily mean that your long-term disability claim will be closed or terminated.  This depends in part upon the language of your particular disability insurance contract.  It also depends on whether you are being paid under an "own occupation" policy or an "any occupation" policy.

Many policies do provide room for a "trial of work" in order that you and your doctor can determine whether or not, indeed, you can work full time.  In many situations, if the "trial of work" terminates you will be able to remain on claim or have your claim reinstated.  You may not have to go through the whole process again.  Again, each contract is different and you should have your specific situation evaluated by an experienced long-term disability insurance attorney.  The insurance company can only cancel your policy if you violate the policy terms.  In some cases if you become "not disabled" and do not go back to work for your previous employer your coverage will be terminated because that policy only covers employees of a particular company.


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