• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Bross & Frankel, P.A.

Disability Benefits Lawyers

CALL US TODAY : 856-795-8880

Schedule A Free Claim Review

Main navigation

  • Home
  • Practice Areas
    • Social Security Benefits
      • SSD Denial Appeals
      • SSD Attorney’s Fees
      • How to File for SSD
      • When to Apply for Disability
      • Requirements for Disability Benefits
      • SSDI Reconsideration
      • Federal Disability Cases
    • Veterans Benefits
    • Long Term Disability / ERISA
      • Disability Insurance Lawyers in New Jersey
    • Workers Compensation
      • Workers Comp Benefits
      • Workers’ Comp Settlements
    • Employment Law / Employment Discrimination
    • Personal Injury
      • Car Accident Attorneys
      • Slip and Fall Attorneys
      • Pedestrian Accident Lawyers
      • Rideshare Accident Lawyers
      • Motorcycle Accident Lawyers
  • Attorney Profiles
    • Davis S. Bross
    • Richard L. Frankel
    • Jennifer Stonage
    • Elizabeth Berenato
  • FAQs
  • Resources
    • Disability Qualifications
    • New Jersey Veterans Resource Guide
    • Disability Statistics
    • Veterans Disability Benefits Calculator
    • Veteran-Owned Business Directory
    • Helping Someone Receive Disability Benefits
  • Reviews
    • Leave Us a Review
  • Our Locations
    • Media
    • Mt. Holly
    • Philadelphia
    • Princeton
    • Cherry Hill
  • Blog
  • Contact Us
  • Home
  • Practice Areas
    • Social Security Benefits
      • SSD Denial Appeals
      • SSD Attorney’s Fees
      • How to File for SSD
      • When to Apply for Disability
      • Requirements for Disability Benefits
      • SSDI Reconsideration
      • Federal Disability Cases
    • Veterans Benefits
    • Long Term Disability / ERISA
      • Disability Insurance Lawyers in New Jersey
    • Workers Compensation
      • Workers Comp Benefits
      • Workers’ Comp Settlements
    • Employment Law / Employment Discrimination
    • Personal Injury
      • Car Accident Attorneys
      • Slip and Fall Attorneys
      • Pedestrian Accident Lawyers
      • Rideshare Accident Lawyers
      • Motorcycle Accident Lawyers
  • Attorney Profiles
    • Davis S. Bross
    • Richard L. Frankel
    • Jennifer Stonage
    • Elizabeth Berenato
  • FAQs
  • Resources
    • Disability Qualifications
    • New Jersey Veterans Resource Guide
    • Disability Statistics
    • Veterans Disability Benefits Calculator
    • Veteran-Owned Business Directory
    • Helping Someone Receive Disability Benefits
  • Reviews
    • Leave Us a Review
  • Our Locations
    • Media
    • Mt. Holly
    • Philadelphia
    • Princeton
    • Cherry Hill
  • Blog
  • Contact Us
Call
Email
Text Us

Can You Work in a Different Occupation While Collecting Disability Income Benefits?

April 28, 2020 By Rich Frankel

Disability Income Payments

If you are unable to work due to a medical or mental health condition, you may be entitled to benefits under a long-term disability insurance policy. But what if you want to do some kind of work while you are on disability?  Would do so lead to your benefits being terminated?

There is a possibility that working in a different occupation while you are receiving disability benefits will lead to the termination of your benefits. The likelihood of this occurring depends on the specific terms of your policy, including whether you have an “own occupation” or “any occupation” policy. Read on to learn more about your ability to work while on disability, and reach out to a New Jersey disability benefits lawyer if you have additional questions.

The Difference Between Own Occupation and Any Occupation Policies

Long-term disability (LTD) insurance policies offer a way to protect yourself from financial instability in the event that you are unable to work due to a disability. If approved, these policies provide payments of between 50 and 60% of your salary while you cannot work. You can apply for benefits after a waiting period (usually 6 months) and may receive them for anywhere from 2 years to retirement age.

To be eligible for LTD benefits, you must prove that you have a covered disability and that you are unable to work as a result of this disability. Covered disabilities may include both physical and mental health conditions, depending on the terms of your policy.

The question of whether you are unable to work is answered, in part, by whether your policy is for your “own occupation” or “any occupation.” “Own occupation” policies define “unable to work” by reference to whether you can perform the duties of your own job. These policies are often purchased for individuals in high-income occupations and certain professionals like doctors and lawyers.

In contrast, “any occupation” policies base coverage on whether you can work in any occupation — even if it isn’t your current or prior job. Importantly, “any occupation” does not mean that you can perform any job in the world. Instead, policies typically define “any occupation” to mean employment at a job for which you are reasonably suited, according to your education, skills, employment history, and other factors.

Some insurance policies begin with an “own occupation” provision that converts to “any occupation” after a specified period of time. If you have questions about what type of policy you have and how it may impact your disability claim, a New Jersey disability benefits lawyer can review your claim and provide advice.

Working While Receiving Long-Term Disability Benefits

Generally, “own occupation” LTD policies are more favorable to insureds than “any occupation” policies. This includes, in some cases, the ability to work while you are out on disability and receiving benefits. Your ability to work at a different occupation may be affected by the specific provisions of your policy.

There are some situations where it is entirely possible for an individual who is unable to perform the duties of their own profession to perform different work. For example, a surgeon who suffers a serious hand injury may not be able to perform the specific functions of their job for an extended period of time,  because doing surgery requires the full use of both hands. If the surgeon is receiving LTD benefits while they cannot work, they may be able to work in a different job, such as consulting and providing expert testimony in personal injury cases.

Unsurprisingly, many insurance companies attempt to limit the ability of their insureds to work in a different job while on disability benefits. This may include determining that a person is no longer disabled if they achieve a certain income threshold from other types of work. A policy may contain a clause that an individual who earns at least 80% of their pre-disability salary in a different job is no longer considered disabled for the purposes of receiving benefits.

Other policies may contain return to work incentives, where a person’s benefits will be reduced in specific situations. A common example is a provision that states that if the combination of a person’s benefits and other income exceeds 100% of their pre-disability earnings, their benefits will be reduced until their total compensation equals their pre-disability earnings.

For professionals who must have a license to perform their job, an insurance company may insert a clause that states that “own occupation” is defined as broadly as the scope of their license. In the surgeon example above, this type of limitation may prevent the doctor from doing any work that is within the scope of their license — which may include consulting and providing expert witness opinions. If your insurance policy contains this type of provision, a Cherry Hill disability benefits lawyer can help you determine exactly what kind of work you may be able to do.

Federal courts have considered the question of what it means to work in your “own occupation” for purposes of long-term disability policies. Courts have found that “own occupation” means the usual work that you are actually performing right before you became disabled. This should be defined by your actual job duties, not on how the job is performed in the national economy.

For individuals with “any occupation” policies, the ability to work in a different occupation while on benefits is more limited. Depending on the terms of your policy, you may be able to do other types of work while receiving disability.  However, your LTD benefits may be reduced if you earn over a specified amount.

In some cases, if you are permitted to work at another job while receiving disability benefits, your benefits could be terminated if you earn over a certain percentage of your pre-disability earnings. The potential for your benefits to be terminated if you earn too much makes it all the more important to consult with an attorney before beginning other work while receiving LTD disability benefits.

Filing for Disability Benefits? We Can Help.

The process of applying for disability benefits can be complicated. If you cannot work due to a disability, having a skilled New Jersey disability benefits lawyer can make filing for disability benefits that much easier. In addition, your attorney can counsel you on your obligations and rights under the terms of your policy — including whether you can work at a different job.

Bross & Frankel represents individuals throughout New Jersey and Pennsylvania who are seeking disability benefits. We will stand by your side throughout the process, giving you top-notch legal advice and assistance. To schedule a free disability claim review, contact us today at 856-795-8880 or reach out online.

rich-frankel
Rich Frankel

Rich Frankel is the managing partner of Bross & Frankel. He is a member of the New Jersey and Pennsylvania bars. He has focused exclusively on disability and social security benefits since 2005.

Mr. Frankel joined what is now Bross & Frankel after having watched his father struggle with disability, fighting a lengthy illness. Mr. Frankel founded the firm’s veteran’s law practice and substantially grew the social security disability practice, focusing Bross & Frankel’s ability to fight for all of the disability benefits available to his clients.

Mr. Frankel additionally fights for clients in court, obtaining frequent victories in Social Security appeals and against insurance companies in Federal court.

Posted in Long Term Disability

Primary Sidebar

Primary Sidebar

Free Claim Review

Speak with an experienced Social Security Disability lawyer about your claim today.

  • * indicates required field

  • This field is for validation purposes and should be left unchanged.

Practice Areas

  • Social Security Disability / SSI Claims
  • Veterans Disability Compensation & Pension

  • Long Term Disability Claims / ERISA Benefits
  • Workers Compensation Claims
  • Employment Law / Employment Discrimination

Recent News

  • Disability Without Work History
  • Can You Collect Social Security and Long-Term Disability?
  • What is Substantial Gainful Activity?
View More Recent News

Resources

  • Musculoskeletal Disorders
  • Psychiatric (Mental Health) Disorders
  • Neurologic Disorders
  • Hepatic & Biliary Disorders
  • Cardiovascular Disorders
  • Respiratory Disorders
  • Gastrointestinal Disorders

Client Reviews

I thought I could apply for social security on my own and breeze through the process. After being denied my neighbor told me about Bross & Frenkel, so I gave them a call. Mr. Bross called me directly and took on my case.

- Pun!Kin

Rich Frankel is a great person and made me feel taken care of through all my disability issues with the VA and my employer. He is very knowledgeable of the VA disability and employment law and I thank him for all of his help.

- Bernice Williams

Very helpful for our family and helped in a timely manner.

- Bernadette Barricella Forbes

After the first interview, the process seemed to move right along. All the paperwork was filed fast and emails were sent on detailed updates. SSI is a very slow and agonizing journey, but it’s good to have representation that knows what to …

- Ernest I

Bross & Frankel, wow you guys are amazing! This has been a long tedious process and I thank you all so much for successfully representing me, I would definitely recommend you’re office to anyone!! Thank you again!

- Sandra R
View More Client Reviews

Footer

Main Office
Bross & Frankel, P.A.
725 Kenilworth Ave.
Cherry Hill, NJ 08002

CALL : (856) 795-8880

EMAIL
Philadelphia, PA Office
2 Penn Center Plaza, Suite 1850
1500 JFK Blvd.
Philadelphia, PA 19103

CALL : (215) 545-5990

Mt. Holly, NJ Office
37 Grant Street
Mt Holly, NJ 08060

CALL : (609) 702-0700

Media, PA Office
103 Chesley Drive
Suite 102
Media, PA 19063

CALL : (215) 607-6429

Princeton, NJ Office
345 Witherspoon Street
Princeton, NJ 08542

CALL : (856) 210-3657

Copyright © 2023 Bross & Frankel, P.A. | All Rights Reserved | Disclaimer

Connect With Us : Facebook