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Legal Definitions - wholly and permanently disabled

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Definition of wholly and permanently disabled

The term wholly and permanently disabled refers to a condition where an individual, typically an insured person, is completely and continuously unable to perform any type of work for which they could earn money or profit. This means their disability is so severe and long-lasting that it prevents them from engaging in any gainful employment, and this inability is expected to persist indefinitely.

Here are some examples to illustrate this concept:

  • Imagine a professional musician who suffers a severe stroke, resulting in permanent paralysis of their dominant hand and significant cognitive impairment that affects their ability to read music or concentrate. Despite extensive rehabilitation efforts, medical professionals confirm that they will never regain the dexterity needed to play an instrument professionally, nor the mental capacity to teach music or perform any other work for compensation.
    This situation illustrates "wholly and permanently disabled" because the musician is completely unable to perform their previous work or any other gainful employment, and this condition is medically determined to be continuous and irreversible.

  • Consider a truck driver who is involved in a catastrophic accident, leading to a severe traumatic brain injury. The injury leaves them with profound and irreversible memory loss, impaired judgment, and chronic disorientation. Medical evaluations conclude that these cognitive deficits permanently prevent them from operating a vehicle, managing complex tasks, or holding any job that requires consistent mental function.
    Here, the driver is "wholly" disabled because their cognitive impairments prevent them from performing any work for profit, and "permanently" disabled because the brain injury's effects are deemed irreversible and continuous.

  • A university professor develops a rare, aggressive form of muscular dystrophy that rapidly progresses, leading to complete loss of mobility and the inability to speak clearly or type. Despite assistive technologies, their condition makes it impossible to lecture, conduct research, or engage in any academic or administrative duties. Doctors confirm the condition is degenerative and will continue to worsen, precluding any future employment.
    This example demonstrates "wholly and permanently disabled" as the professor's physical deterioration completely prevents them from performing their professional duties or any other work, and the progressive nature of the disease ensures this inability is continuous and permanent.

Simple Definition

"Wholly and permanently disabled" in insurance refers to an insured person who is completely and continuously unable to perform any work for compensation or profit. This means their disability is total and expected to be long-lasting, preventing them from earning an income.

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