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Risks of Returning To Work While On Long Term Disability

Tucker Disability Law | September 24, 2024

Maybe you’ve been receiving long-term disability (LTD) benefits for a while now and you think you’re ready to go back to work. You probably have a lot of questions and concerns. It’s a big decision with many factors to consider. Let’s go through some important points to help you understand if returning to work while receiving long-term disability benefits is in your best interest. 

Think You’re Ready to Return to Work While on Long Term Disability?

Before considering working while on long-term disability, it’s crucial to assess your readiness. Here are some things to think about:

  • Your health should always come first. Don’t push yourself if you’re not ready.
  • Talk to your doctors. They can give you medical advice about your readiness to work.
  • Consider a gradual approach. Maybe start with volunteer work or limited part-time hours to test your capabilities.

Remember, there’s no rush. Take the time you need to make the right decision for your health.

What If You Try to Work and Can’t Continue?

This is a common worry. Here’s what you need to know:

  • Many LTD policies have something called a “recurrent disability” provision. This might protect you if you try to work but have to stop due to your disability.
  • However, these provisions often have time limits (like 6-12 months) and specific requirements.
  • It’s crucial to understand your policy’s exact terms before attempting to return to work.

Risks of Working While on Long-Term Disability 

While trying to work doesn’t automatically mean you’ll lose your benefits, there are risks:

  • Your insurance company might view your work attempt as a sign that you’re no longer disabled.
  • They might increase surveillance or request more frequent medical reviews.
  • If you can do some work, they might argue that you can do other jobs, even if not your original job.

To protect yourself:

  1. Always consult with a disability attorney before attempting to return to work.
  2. Keep detailed records of your work attempts and any difficulties you experience.
  3. Continue all medical treatments and keep your doctors informed about your work attempts and any symptoms.

Policy Considerations for Working While on Long-Term Disability

Your LTD policy is key to understanding your rights and responsibilities:

  • Policies vary widely. What applies to someone else might not apply to you.
  • Look for terms like “partial disability,” “residual disability,” or “work incentives” in your policy.
  • If you don’t understand your policy, seek professional help to explain it.

Communicating with Your Insurance Company

It’s important to keep your insurer informed, but be cautious:

  • Most policies require you to report any work activity.
  • However, consult with a disability attorney before discussing work plans with your insurer.
  • Always keep records of any communications with your insurance company.

Steps to Consider Before Working While on Long-Term Disability

If you’re thinking about returning to work:

  1. Consult with your doctors about your readiness and limitations.
  2. Speak with a disability attorney to understand your rights and risks.
  3. Review your policy carefully, preferably with professional help.
  4. Consider starting with very limited hours or volunteer work to test your capacity.
  5. Keep detailed records of your symptoms, limitations, and any work attempts.
  6. Continue all medical treatments and appointments.
  7. Be prepared for increased scrutiny from your insurance company.

Remember, every situation is unique. What works for someone else might not be right for you. It’s crucial to get personalized advice from medical and legal professionals before making any decisions about returning to work while on long-term disability.

How Tucker Disability Law Can Help

Navigating the disability claim journey solo can be overwhelming. Whether you’re initiating a claim, appealing a denial, or preparing for a legal proceeding, our team has the expertise to support you. Contact us at 866-994-5399 for a complimentary discussion about your case. We’re here to help you make informed decisions. We have over 30+ years of fighting the insurance companies and have a 98% win rate.

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