How to Apply for Partial Disability?

How to Apply for Partial Disability?

By Hogan Smith

Updated 02/27/2025


If you have a medical condition or injury that prevents you from performing your usual job but doesn't completely stop you from working, you might be eligible for partial disability benefits. Partial disability refers to situations where you can still work in some capacity but may need to reduce your hours, switch to less physically demanding tasks, or earn less due to your condition. The process for applying for partial disability can vary depending on your circumstances

and the specific benefits you're seeking. Here's a comprehensive guide on how to apply for partial disability:

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Step 1: Understand the Eligibility Criteria for Partial Disability

Before applying for partial disability, it's important to understand the requirements and the different types of partial disability benefits:


  • Social Security Disability Insurance (SSDI): To qualify for SSDI, you need to meet the Social Security Administration (SSA)’s criteria for disability, including having a medically determined condition that impairs your ability to work. SSDI typically applies to total disability but may allow for partial benefits if you can no longer do your prior work but can do other work.
  • Workers' Compensation: If your partial disability is a result of a work-related injury, you may be eligible for workers' compensation benefits in your state. In many cases, workers' comp covers partial disability benefits if you can still work but earn less because of your injury.
  • Private Disability Insurance: Some private insurance policies may offer partial disability coverage, which can provide benefits if you can work but are limited in your ability to perform your usual tasks or earn your usual income.


Step 2: Consult with Your Doctor

To apply for partial disability, you’ll need documentation of your medical condition from your doctor. This includes:


  • Medical Records: Your doctor will need to provide records that detail the nature of your disability and how it affects your ability to perform work.
  • Doctor’s Statement: A statement from your treating physician explaining the impact of your condition on your ability to work can be crucial. Your doctor may need to outline what types of activities you can still perform and any work limitations.
  • Treatment Plan: Be prepared to show that you are actively receiving treatment for your condition, whether that’s medication, therapy, or surgeries, and that there is hope for improvement, even if you are still partially disabled.


Step 3: Gather Required Documentation

Before you apply for partial disability, gather all relevant documents that will help strengthen your case. This typically includes:


  • Medical Records: A detailed record of your condition, including test results, treatments, and diagnoses.
  • Employment Records: Information about your past and current job, including job descriptions, hours worked, and wages.
  • Income Records: If you are applying for partial disability through a program like SSDI or workers’ compensation, proof of income may be necessary. This could include recent pay stubs or tax returns.


Step 4: Apply for Disability Benefits

You can apply for partial disability benefits through different programs, depending on the type of partial disability you are claiming:


Applying for SSDI (Partial Disability)

  • Online: The SSA provides an online portal for SSDI applications. Visit www.ssa.gov to fill out the application form for disability benefits.
  • In Person or Phone: You can also apply for SSDI by visiting your local Social Security office or by calling the SSA at 1-800-772-1213. A representative can guide you through the application process.


Applying for Workers’ Compensation (Partial Disability)

  • File a Claim: If your partial disability is due to a workplace injury, you will need to file a claim with your employer's workers' compensation insurance. The process varies by state, but in Virginia, for example, you can file a claim through the Virginia Workers' Compensation Commission.
  • Provide Documentation: Your claim will require medical records and documentation showing that you are partially disabled and unable to perform your full work duties.


Applying for Private Disability Insurance (Partial Disability)

  • Contact Your Insurance Provider: If you have private disability insurance, contact the insurance company to begin the claim process. You’ll need to submit medical records and proof of partial disability.
  • Policy Terms: Review your policy for specific terms about partial disability and ensure you meet the eligibility criteria.


Step 5: Wait for a Decision

After submitting your application for partial disability benefits, the relevant agency (SSA, workers' comp, or insurance provider) will review your case. The decision-making process may take time, and in many cases, you may need to undergo additional medical evaluations or submit additional documents.


  • Approval: If your application is approved, you will begin receiving partial disability benefits based on your condition and your inability to work full-time.
  • Denial: Many disability claims are initially denied. If your claim is denied, you have the right to appeal the decision. If this happens, you may want to consult with a lawyer or disability advocate to help with the appeals process.


Step 6: Understand Partial Disability Benefits Payment Structure

The amount you receive in partial disability benefits will depend on various factors:


  • For SSDI: The SSA may provide benefits if your ability to work is severely limited but not completely gone. However, SSDI often provides benefits for total disability rather than partial disability.
  • For Workers’ Comp: Partial disability benefits through workers’ compensation typically provide a percentage of your lost wages. The exact percentage depends on the severity of your disability and the workers' compensation rules in your state.
  • For Private Disability Insurance: Private insurers may pay a percentage of your pre-disability income if your policy covers partial disability.


Step 7: Consider Legal Assistance

If you're having difficulty with your partial disability claim, or if your claim has been denied, it’s a good idea to seek assistance from a disability lawyer. A lawyer can help you:


  • Navigate the application process and ensure your claim is complete and accurate.
  • Help gather necessary medical documentation to support your claim.
  • Represent you in appeals if your partial disability claim is denied.

How Hogan Smith Can Help

At Hogan Smith, we understand the challenges of applying for partial disability benefits. We can help you:


  • Evaluate your eligibility for partial disability benefits.
  • Assist with gathering and organizing medical records to strengthen your claim.
  • Help you file your claim correctly with the appropriate agency or insurance provider.
  • Represent you in the appeals process if your claim is denied, improving your chances of success.

Contact Hogan Smith Today

If you are ready to apply for partial disability benefits or need help navigating the process, Hogan Smith is here to assist you. Contact us today for a free consultation, and we will work with you to ensure that you receive the disability benefits you deserve.


Further Reading

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Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

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