Mets Day 146 - Disability decision

I've been grappling with the question of what should do with regard to returning to work.  For the past couple of months, I gradually have been increasing my time in the office, trying to return to normalcy, and to see if I can return to my prior level of performance notwithstanding my sleep deprivation.  So far, the answer is no.  I have found it very hard to stay focused on work.  Reading and retaining complex briefs, or analyzing patents, or doing much of the other stuff that I've been doing for 25 years, is now very difficult, if not impossible.  I have a major trial scheduled for next month, and I have had to cede primary responsibility to others, since I have no confidence that I will have received enough sleep the night before to be at my peak performance when examining a witness or making arguments to the court.  I am continuing to try to provide a supporting role, but have come to the conclusion that, unless things change, I am not going to be able to return to my role as a first chair patent litigator.

My firm has been paying me 100% of my compensation since I've had the surgery and recovery.  The firm self-insures its partners for six months, because the disability insurance policies that partners are required to obtain have a six month elimination period.  My trying to come back within those six months has no adverse effect on my disability eligibility. 

As I understand them, my disability insurance policies provide for a payout if, due to a medical issue, I am unable to continue to work doing what I had been doing.  It does not require me to be a unable to move or function; rather, the issue is whether or not I can perform in my chosen profession at the same level.  If my earnings fall off, say to 50% of what I was earning before, then the insurance will pay a 50% benefit.  Or if I find that I can't effectively function as a first chair patent litigator at all, then I will get a 100% benefit, even if I can do something else, like teach, or do volunteer work.  Payments continue to age 65.  The benefits are tax-free, since the policies were paid with post-tax money.  The amount of payments would be sufficient to live on if we do some adjustments to our expenses.  There might also be an option of trying to continue on with the firm in some administrative capacity, to help augment my income. I also have considered consulting for companies who own patents and are trying to figure out how to get value from them, but have not yet fleshed that out.  I also have considered doing a lot more volunteer work with my church and the community. 

Today I decided to put the wheels in motion to apply for disability insurance. The soonest it would take effect is in December; more likely with will be January 1, 2013. I want to make sure that I in fact will qualify for the benefits, a process that will take several months.  Knowing that will help guide me as I try to figure out what is best for me and my family. 

I continue to be appreciative of the support that I have received, and continue to receive, from my law firm.  The message consistently has been to do everything necessary for my physical recovery, and not to worry about the money.   I have been at other firms and have seen how they throw to the side partners who are afflicted wit health issues.  I am humbled and grateful that my firm has not kicked me to the curb, but has shown grace and support during this difficult time.  On this matter, at least, this firm exemplifies what a partnership should be.