Disability Insurance Blog

Legal Vs. Factual Disability Claims Issue Explained in Dentists Money Digest


Friday, June 2nd, 2017

Another article in our series on dentists and disability insurance claims has been published in Dentist’s Money Digest, “Legal vs. Factual Disability: Complications Caused by Disciplinary Action.” Disability attorney and author Jason Newfield discusses the problems that arise when a professional is involved with a disciplinary action from the governmental agency that oversees their licensing.

A legal disability comes from a situation where the professional can no longer practice in their profession because their license has been stripped or other pending disciplinary action forbids them from engaging in their profession. For example, a dentist who had been found guilty of fraudulent billing is not medically impaired, and therefore cannot receive disability benefits.

In the case of a factual disability, the professional has a disabling condition–physical, mental, emotional, possibly relating to an addiction behavior–that causes the person to be unable to perform the duties of their occupation. In these situations, if the impairment occurs prior to the professional losing their license, a viable disability claim may in fact proceed.

The differences are not always clear, and Mr. Newfield has worked with many professionals, including dentists, doctors, podiatrists, chiropractors and attorney, who have been denied disability benefits as a result of the confusion surrounding the difference between legal disability and factual disability.

Professionals who have found their ability to work impaired, and their license to practice their profession in jeopardy, whether the result of the disability or not, are encouraged to call the disability attorneys at Frankel & Newfield, 877-LTD-CLAIM (877-583-2524) for a free consultation.