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Ask the Attorney: Still Working But in a Great Deal of Pain Daily

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Q: “I have chronic pain all over, mostly from inflammation. I have severe lower lumbar/sacral pain and usually neck and shoulder burning five out of six days. I suffer from depression/anxiety, don’t sleep well and get super fatigued after about 8 hours in the day. I have to work to pay my bills and disability in OH says you have to be OFF WORK an allotted amount of time to file for disability. I was diagnosed with Fibro in 2010, and in the past year it has escalated.”

A: There is no way to collect disability while working full time. Examine closely the language in your disability insurance policy to see if there is any language about partial disability claims. If your policy permits partial disability, it may be possible for you to work part time and receive some disability benefits to compensate for the loss of full-time income. We suggest reviewing the policy with an experienced attorney to ensure that this is an option. It is possible that your policy does not allow for partial, or residual, benefits. In that case, the only way to file a claim for benefits is to stop working.

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Disability insurance is a complex area of the law, and it is not easily managed by people who do not have experience in the area. Our firm (Frankel & Newfield, PC – Disability Insurance Attorneys) has represented lawyers – even insurance lawyers – who found themselves overwhelmed by the complexity, the time limits and the uphill battle that fighting a disability claim termination and denial presents. If you have questions, call our office at 877- LTD-CLAIM (877-583-2524) to learn how we can help.

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One thought on “Ask the Attorney: Still Working But in a Great Deal of Pain Daily”

  1. Larrymia9595 says:

    “Stop working and you will collect”
    this is not necessarily under the control of the worker…a couple of things have to happen and these are; spporting medical records from tour attending physician and satisfying the definition of total disability.
    The fact that it was said that after 8 hours you get tired, suggests that you can work?
    Here’s a piece of academic info.
    Even while collecting full benefit and or income, there are instances where you can still work full time without affecting the aforementioned!

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