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Long-Term Disability FAQs

What is the difference between total and partial disability in an LTD policy?

Quick Answer
Total disability means you cannot perform any material duties of the applicable occupation. Partial disability — sometimes called residual disability — means you can work in a reduced capacity and receive a proportionally reduced benefit. ERISA plans vary significantly; 29 CFR 2560.503-1 requires the plan to specify which standard applies and how it is calculated under 29 U.S.C. §1132.
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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.

Reviewed by Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C. · Admitted in New York

Brian Mittman has personally handled New York Workers’ Compensation, SSDI, LTD, and Personal Injury cases for over three decades. He still attends Workers’ Compensation board hearings himself.

Last reviewed: May 14, 2026
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    Brian M. Mittman, Esq.

    Managing Partner · Markhoff & Mittman, P.C.

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    Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.

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    Emily has spent two decades on New York workers' compensation and Social Security Disability matters, including service as an Agency Attorney and Hearing Officer for NYC Transit and the MTA.

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