Defining partial disability and total disability in LTD claims

The law firm of Aaron Waxman & Associates specializes in long-term disability claims and helping clients whose claims have been denied by their insurance companies.

Your insurance contract should contain a definitions section which contains all the relevant definitions for your policy. Two important definitions you should consider are that of partial disability and total disability.

Total Disability

A total disability means that a reasonable man would recognize that he should not engage in certain activity even though he literally is not physically unable to do so. It is a total disability if the insured person’s injuries are such that common care and prudence require him to desist from his business or occupation and in order to effectuate a cure or prolongation of life, common care and prudence will require that he cease work.

Partial Disability

A partial disability is the inability of the insured to perform the regular daily duties of his occupation at least one-half of the time usually required in that occupation or the inability to perform one or more of the important regular duties of his occupation.