What is the difference between total and partial disability in an LTD policy?
What you need to know
Many professionals who become disabled do not stop working entirely — they reduce hours, take on lighter duties, or shift to part-time consulting. Whether that partial work activity disqualifies you from LTD benefits entirely, or entitles you to a reduced (residual) benefit, depends on whether your policy includes a partial disability or residual disability rider.
Policies that provide only total disability benefits will terminate or deny your claim if you are working at all, even part-time and even at significantly reduced earnings. Policies with partial disability provisions calculate a benefit based on your loss of earnings — for example, if you were earning $10,000 per month and can now earn only $4,000, the policy may pay 60% of the $6,000 shortfall.
The interaction between partial disability and the own-occupation to any-occupation shift at 24 months is complex. During the own-occ period, part-time work in a different field may not disqualify you. After the any-occ shift, the insurer will argue that your ability to do part-time work demonstrates capacity for some gainful employment, and will adjust or terminate benefits accordingly.
Under Firestone v. Bruch, courts defer to a reasonable plan interpretation of “total” and “partial” — which means the administrative record and your treating physician’s documentation of functional limits must be precise. If your claim was denied or reduced, you have 180 days under 29 CFR 2560.503-1 to appeal. No fee unless we win.
Other ways we help
Same firm, same approach — different practice areas under one roof.
Workers’ Compensation
Injured at work. Lost wages. Denied benefits.
Learn more →Social Security Disability
Can’t work due to a disability. SSDI & SSI claims, denials, appeals.
Learn more →Personal Injury
Car accident. Construction site. Scaffold Law.
Learn more →Workers’ Rights
Retaliation, wage theft, harassment. Plaintiff-side only.
Learn more →The attorneys who work your case
Not a call centre. The lawyer who signs you is the lawyer who shows up.
Talk to a real attorney today.
Free consultation. No fee unless we win. English or Spanish. Day or night.





