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Social-Security-Disability-Forum » Long Term Disability Benefits and Social Security Disability  

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Anna

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Posted on Sunday, May 13, 2001 - 9:10 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband has a on the job injury and has been paid the difference in his salary and the W.C. check for the past 12 weeks. That is stopping and I assume his long term disability through work is kicking in. My question is will the w.c. check reduce the long term disability amount. It pays up to 60 Percent of his salary. Also are disability checks taxed?
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Paul McChesney (Admin)

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Posted on Monday, May 14, 2001 - 5:45 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I would be glad to help, but each of these questions can be answered only if I know his state, and the details of his long term disability policy. As a practical matter you probably need a local attorney to study the policy. You might email me your city and state.
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Anna

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Posted on Monday, June 18, 2001 - 8:36 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Paul,

We live in High Point, NC and I have since found out that the disability checks are taxed (company paid premiums)and that it is not an absolute sure thing that he will get the LTD. We are now going through the process. I always thought that if you couldn't do your job (under doctors orders) that the LTD would apply but that is not the way I am understanding this to take place. I guess the insurance company makes the decision whether you are unable to work or not....not the doctor. I don't know how long it will be until we are told whether they think he is qualified or not. Mean time he is still under w.c. and receiving the maximum payment allowed in NC. I do wonder if he gets the LTD can we move back to S.C. We can not go from a six figure income to LTD and stay in this house.
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Paul McChesney (Admin)

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Posted on Thursday, June 21, 2001 - 5:44 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

It's a free country, sort of, and you can live anywhere you want. It should not affect LTD or Social Security benefits, or worker's comp.

If he is turned down in his LTD claim he must get a lawyer immediately! Otherwise the record might close and he cannot add evidence.
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cathytruitt

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Posted on Monday, October 01, 2001 - 6:04 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband has been turned down for LTD. He did get STD. However, he didn't get any type of worker's compensation because it wasn't thought that the accident occurred at work. He filed for long term disability but the insurance company is telling him that the insurance only protect his "job description" and not his job. How crazy is this? We live in south carolina and he works here. Do we need an attorney? And what kind of attorney?

Reply by Paul He should get an attorney, and a good one, right now. Call me at 1 800 775 3985.
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Tammy

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Posted on Monday, June 25, 2001 - 6:54 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If you are allowed to come back to light duty - occasional standing ..occasional walking... mostly sitting and you do not have a desk job. You have been out of work long enough to qualify for Long Term Disability through your employer. Employer does not let you come back for light duty...do you still qualify for Long Term Disability? I am looking at additional surgery in the near future. Employer told me there was no light duty for me.

Reply by Paul:
I cannot answer that question! Social Security law is fairly fixed, but LTD law depends in part on the contents of your policy. Get a copy and sit down with an attorney. You are in a critical situation, and should do something immediately.
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Ron Hoffman

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Posted on Thursday, October 25, 2001 - 9:23 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

36 year old male employed, manager of floor covering store.I also have a private disability policy which pays 60% of my income, but I have not drawn against it( income is 72,000 annually)
Hospitalized from 12/99 to 3/00 with severe pancreatitis. had gal bladder and partial Pancreas removal. Have had three attacks since.Illness' now include Chronic Pancreatitis, Diabetes(insulin dependent),anxiety (medicated for),high blood pressure and cholesteral medication), must take enzymes to digest food,Have had endoscopic surgery three times sinc 3/00 for pancreatic duct closure.I am now working at my job full time, but am unable to keep pace with a job thatI spent 50-60 hours a week at before I became ill.m constantly tired and depressed, Would I be considered disabled since I am still employed? Can I recieve S.S, benefits and still file against my private disability insurance?

Reply by Paul
Would I be considered disabled since I am still employed? No; no matter how miserable you are if you are working steadily and making more than $700 a month it is difficult to get disability.


Can I recieve S.S, benefits and still file against my private disability insurance? Yes, but most (not all!) private disability policies reduce payments by the amount of the Social Security paid. You still need both, though! Private disability often pays immediately; Social Security can take a year and a half to two years, or longer, to pay.

Pancreatitis can be very painful, and disabling. Hang on as long as you can; file when you start missing work; be positive that your doctor will support you fully if you have to quit; talk to a local attorney who specializes in this field now, before you stop working. Try not to move to a job that does not carry disability benefits!
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Jamee

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Posted on Sunday, October 28, 2001 - 7:34 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

when you recieve disability payments from work are you required to pay taxes on this money? If so, is the company required to deduct them automatically?
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Paul McChesney (Admin)

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Posted on Saturday, November 10, 2001 - 9:25 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If you pay the premiums for long term disability insurance with pre-tax dollars, you will have to pay taxes on any long term disability payments under that policy. This usually happens if your employer pays the premium, or if you get ltd insurance under some sort of cafeteria type plan

If you pay the premium with post tax dollars, there is no tax on the money as it comes out in disability payments.
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iou4it

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Posted on Monday, December 03, 2001 - 9:27 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Paul, I was just recently approved for my Long Term Disibilty from my job. I was sent a letter suggesting that I apply for my Social Security. In Fact I got my first check and the letter to apply for my SS at the same time. Should i go ahead and file? If i do this, i would like to know if i am better say in 2yrs or less and get released from all the doctors, can i return to work? and if i do return to work and i see i just can't do it, can i re-apply for the SS?

Reply by Paul 1. If you are drawing long term you should apply for social security disabilty.

2. Yes, if you are better you can return to work at any time.

3. Yes if you then find you cannot work you can reapply.

4. However, you should be aware that if you are drawing and decide to try to work, you need to be very careful about how you go about that process. The details of how to do this are explained elsewhere on this site.
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Marianne Catoe

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Posted on Monday, January 28, 2002 - 12:16 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi,
I have been diagnoised with fibromyalgia, oseteoarthritis and now a ruptured disc.I have been out of work since Oct.18. drawing my disablity from work.Doctor sent a note to work that I may return under certain conditions, which work will not meet.I know I can still draw my disabalilty from work for up to 2 years.Do I need to apply for social security disablity?Where do I need to go from here?I need some advice PLEASE!Thanks.
MCatoe
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Paul McChesney (Admin)

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Posted on Monday, January 28, 2002 - 4:14 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

It is impossible to say for sure from the facts that you have given here, but you should probably file. Your "disabilty from work" is probably Long Term Disability, which generally but not always has a lower standard for disability than Social Security does. So you might be able to draw that but not qualify for Social Security disablity.

But a Social Security claim can take two years to process to the hearing level, which is the most common level at which people win their case. So, you might want to get your claim started, and keep appealing, so that if it proves that you cannot return to any work at all, you will have a chance of getting a favorable decision before your disability from work runs out.

As always, I suggest that you talk to an attorney experienced in this field in person before making a final decision.
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Pam Mazell

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Posted on Friday, March 22, 2002 - 8:14 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have Multiple Sclerosis and am out of work on short term disability which is about to come to an end. My long term paperwork has been denied due to my Dr. stating that I can do some work. I am in the process of seeing a rehiblitation specialist soon. I have foot drop, severe numbness in my right foot and hand. I am right handed therefore have alot of trouble writing because I can not feel the pen in my hand. Do you believe that I would be warranted disabled. I have filed for ssa disability as well and was denied as well. I have appealed that decision. I am gonna appeal the decision with my employer as well. Thank you for you opinion.
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Paul McChesney (Admin)

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Posted on Tuesday, March 26, 2002 - 4:52 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Your question is impossible to answer absolutely, because I do not have enough facts. Certainly, if one has difficulty walking or standing, and difficulty using her hands while seated, the range of possible jobs is severely narrowed. But the fact that your doctor is saying that you can do some work means, perhaps, that he does not realize this or else thinks your problem is not so severe.

You might file, and certainly should sit down and talk to an attorney in your area.

I would strongly suggest talking to an attorney immediately about your long term disability claim. If your plan is governed under ERISA, as most are, your opportuninty to add evidence might be closing, and if you do not give someone with some experience a chance to help with that claim, you might be limited to evidence that is insufficient to establish disability; in other words, lose the claim even though you are disabled.

Take care and good luck.
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Pat

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Posted on Friday, June 14, 2002 - 9:27 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Paul,
I have fibromyalgia and major depression disorder.
I am on long term disability from work.They want me to apply for Social Security Disability. Can I do that immediately or do I have to wait until I have been out longer? I have not worked since Feb. 2002.
Also,how difficult is it to be approved with the conditions I have been diagnosed with?
Thank you for your time.
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Paul McChesney (Admin)

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Posted on Saturday, July 20, 2002 - 8:10 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Pat, Generally, if you are on long term disability, you should apply for Social Security disability.

You should apply immediately. It takes a long time to get to the hearing.

Those impairments can be disabling. You must be careful to document them by going to the doctor regularly.

Many long term disability carriers say that they will handle your case for free; don't do this. There are three reasons: One, if you hire an attorney, they will have to pay anyway, because of subrogation rules. Two, if their employee finds out something that tends to show that you are not disabled, he has a strong incentive to develop that and cut off your LTD. Third, that way you get to pick who helps you.
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Jasper Rocks

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Posted on Thursday, September 05, 2002 - 9:02 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am currently receiving long-term disability benefits from my employer. I do not receive workman's compensation. If I am awarded SOC SEC benefits, how will that affect benefits coming from my employer? (I don't work for a government agency or any other entities listed by SOC SEC that would affect my benefits.)
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Paul McChesney (Admin)

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Posted on Wednesday, October 02, 2002 - 5:15 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Jasper, most, but not all, long term disability policies provide for a Social Security offset. This means two things: first, that the amount of your long term disability check is reduced when you get Social Security. Second, that the long term disability insurance complany wants money back when you get your lump sum.

All employer sponsored long term disability programs that I have ever seen have such an offset provision; but you can buy a private policy that does not have an offset.

You should be careful not to spend any lump sum until this question is cleared up.
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Cass Miller

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Posted on Thursday, September 05, 2002 - 9:54 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I receive LTD disability from my employer. If I am awarded Social Security Disability, who notifies my employer?
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Paul McChesney (Admin)

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Posted on Wednesday, October 02, 2002 - 5:20 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Cass, the Social Security Administration does not. It is up to you to do this. You should not spend any of your back time money until this is cleared up. If you don't pay them back what you owe them, the long term disability carrier can cut off their part of your monthly check; refuse to pay you in the future if the Administration cuts you off; or sue you. If you are not positive that the amount of reimbursement that they propose is correct, consult an attorney and take him the long term disability policy.

Note that any recovery by the long term disability carrier must generally be reduced by any attorney's fee, so in effect where you have long term disability you get an attorney for free.
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C Pittman

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Posted on Monday, January 13, 2003 - 8:40 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 42 years old and have not worked for two years. I am in remission from Hodgkins disease, but still under a doctor's care. During this period, I have been getting a long term disability check from a private insurer. I was recently approved for ss disability at the ALJ level, but I had to get a private lawyer to get it, and he will be getting 25 percent of my back pay. The insurance company says that I will have to reimburse them in full for what they have paid me within 30 days of receiving my back pay. But after the lawyer gets his percentage, there won't be enough money left. Can they sue me for the rest? I don't know what to do.
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Paul McChesney (Admin)

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Posted on Wednesday, February 26, 2003 - 8:00 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Ask your attorney; I am sure he will tell you about the law of subrogation, which will protect you.
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Gloria

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Posted on Monday, July 07, 2003 - 11:18 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been on my LTD since Jan 03. I have been released for work and was in process per the demand of my disability insurance to continue the SSD request process. I have not had a hearing yet and wonder since I am now off disability do I have to continue the process or can I simply notify disabiity insurance that I do not wish to continue the process.
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Paul McChesney (Admin)

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Posted on Sunday, July 13, 2003 - 6:16 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am not sure what you mean. If you mean that you are now able to work, and should have no problems doing that for the indefinite future, then you can contact Social Security and tell them that, or just don't appeal if you are turned down.

If you are not able to work, of course you should continue your claim.

If you are not positive that you will be able to continue to work, I suggest that you consider keeping your claim alive and talking to an attorney.

Take care and good luck.
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gloria

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Posted on Sunday, July 13, 2003 - 10:41 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My disability insurer said that I was required to apply for SSD up to third level (the hearing level). I did so and have progressed to the point where I am awaiting a date for the hearing. Since I am now released for work and off disability do they still have the right to insist that I go through the hearing process or can I simply decline to go.
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Qaaree

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Posted on Tuesday, October 21, 2003 - 10:28 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I recieved my last check on 10-07-03.I recieved a notice of exahaustion of disibility benifits. I've been on disibility for one year as of this mo. My disibility is job related post truamatic stress syndrome due to wrongful termination. I don't know what to do. I was told to contact my nearest SSA off. or state dept of rehabilitation?
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Paul McChesney (Admin)

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Posted on Sunday, October 26, 2003 - 7:01 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Qaaree: I am not sure what kind of disability benefits you are getting, but they are not Social Security or SSI benefits; neither of these has a one year limit. Of course there are many other potential sources of disability benefits. It is impossible to tell what the rules of those sources might be.

It is almost always best to work if you can, but if you continue to be disabled, it probably makes sense for you to apply for Social Security Disability and SSI.

One moral of this for everyone is that it is not wise to sit back and draw some sort of benefit until it runs out; you need to be making plans for your future.
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Tangellea

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Posted on Tuesday, December 17, 2002 - 9:33 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My mother had a stroke about nine month ago, for about six months she was receiving short term disability that has sense run out- her doctor has recommmend that she be placed on long term diabilty, but the process of aquiring this seems impossible; where should we begin.
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Paul McChesney (Admin)

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Posted on Saturday, December 21, 2002 - 6:15 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If the company will not co-operate, you have little choice but to go to an attorney.
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AW Miller

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Posted on Sunday, November 02, 2003 - 5:39 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Thanks very much for your opinion...I must have missed it.

AWM
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C. Phillips

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Posted on Sunday, November 30, 2003 - 12:02 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Could you tell me if you have the right to buy your council house using your D.L.A. and carers allowance, my daughter is longterm disabled and I was wondering where you stand with this because if we could buy the house we would know that she would be secure when an adult.
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prince kaywood

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Posted on Friday, January 09, 2004 - 12:19 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I was denied disability bebefits after receiving ltd for two years. after they dropped me I was awarded ssdi after. Do I still own the insurance company back pay ? this was a company plan (erisa)I have grand mall seizures(about 3-4 a month)they said i could work in security and as a cashier.I understand that it turs into "any occupation after two years. should i pursue this, or just let it go.I am not really sure what to do. in a brief conversation with an erisa attorney he said that he was not sure if it is a case that he would take. he said that i could hurt myself even more (attorney fees ect.)
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Eugene Barron

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Posted on Tuesday, August 19, 2003 - 12:42 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I'm 43 years old and have been receiving LTD benefits for a year now due to severe osteoarthritis in both knees. One knee requires a total replacement but am considered too young to undergo the surgery since it would have to be repeated in several years. As of Oct '04, my insurance co. plans to cut me off because they are confident I can work in some type of related field. I've been a route salesman for the cracker and drink biz for the past 25 years with no other type of experience or training and the dr. says I will never be able to return to that type of work. My condition will only deteriorate and my dr. says that nothing short of a totally sedentary position will work for me. I've been denied SS benefits and realize that one day, I'll be back to work in a suitable position that won't interfere with my disability. I'm making every effort to reach that goal and have returned to school for a 4 year degree (as encouraged by the insurance co). The insurance co. has offered me a 'buy-out' until Oct 04. We are refusing to take it, knowing that it will take longer to complete training in a totally new field.
The insurance co. is planning to find some type of job but I'm worried about potential salary, location, and getting in 3 semesters of school but having to quit due to lack of income.
I don't plan to sit on disability insurance for the rest of my life but certainly don't want to be cut off prematurely especially with a deteriorating condition. What rights do I have?
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Paul McChesney (Admin)

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Posted on Saturday, August 23, 2003 - 6:06 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Eugene, your question is about Long Term Disability, rather than Social Security. The question is a little beyond what I would be willing to try to answer on a forum like this; I would read my policy carefully, then sit down right now and talk to an attorney that specializes in Long Term. It is a very tricky field of law, and the answers to those questions are too crucial to your future for me to guess about. Take care and good luck.
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Tammy Mattingly

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Posted on Thursday, April 15, 2004 - 6:30 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I live in Kentucky.I was injured at work April 1 2003. I have tendonitis in both of my elbows I have been drawing WC every since.I had surgery on my right elbow because I have had more trouble with it, and it made it worse. My Doctor has released me to go back to work, but with permanent restrictions. My employer tells me that they do not have any thing available at this time. Now my employer has sent me a form to fill out for LTD, so I did and today I was informed that I was approved. I was told that I would receive 138.00 a month. I could'nt beleive it. I have a really good paying job.I don't have a clue on what is going on. Does this sound right? I also keep reading different things on people having to pay LTD back. What is that all about? Does WC keep paying me even thow I will be receiving LTD? I only have until July to get back to work or I will be terminated. Company policy after you have been off of work for a year. They let you go. I need all of the help that I can get, because like I said I don't have a clue. Thanks for your help.
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Paul McChesney (Admin)

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Posted on Sunday, April 25, 2004 - 6:04 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Tammy: You are in a very tricky situation, and I suggest that you sit down and talk to an attorney. Most LTD benefit amounts are reduced by the amount of any Worker's Comp received, and that has probably happened to you. If you cannot find some other work to do, you are going to be in trouble soon, as I am sure you know. Take care and good luck.
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Lisa Ault

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Posted on Saturday, April 03, 2004 - 4:14 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Our LTD carrier tells us that if we apply for SS benefits that they will reduce our LTD benifits dollar for dollar of all benefits we get from SS. Doesn't seem right and if thats the case whats the use of applying for SS? Besides the devastating impact that a major accident injury has on the disabled person and our family we have had our lives turned upside down, loss of 22 year career due to the injury, devastating depression for the injured and the spouse due to the stress that the disability has on us, the the insurance provider fights you every week, month and year to deny you any and all benefits even though it is so clear how bad the injury is and that has an even more devastating depressing effect on the injured and the family. The insurance employees treat you like you are a liar and a cheat for wanting the benifits your policy was for. We have 4 kids with 2 in college and their lives have been turned upside down from this. We get so tired of being harrassed by the LTD carrier over every nickle and they lie and cheat us on the decisions and calculations to the point it makes you furious and do so even though we have a great attorney but do anyway to frustrate us hoping we will give up and go away so they don't have to pay any more. It is so obvious but they play the game in such ways to maximize the frustration. Disabled people have enough emmotional stress to deal with without having crap like this doen to them. I never knew disabled people had to go through this and that is the really big problem in this country is that unless you go through this you have no idea how bad it is thus nothing is ever done to fix it. I am MB2forUMarley at aol if interested in chatting about it and maybe we can figure out ways to survive it if you and your family has same problem.
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Paul McChesney (Admin)

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Posted on Sunday, April 25, 2004 - 5:56 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Lisa, I think all I can give is sympathy. Many LTD policies are written that way.
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Alan McInytre
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Posted on Tuesday, July 13, 2004 - 10:19 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Paul,I have been out of work for almost two years due to work injury.My plant was in the process of shutting down and I was laid off.I was under doctors care at that time and paying ltd out of my check.I was laid off on a friday and my W/C was started the following monday.Should my employer have started my ltd thenIhave never herad from them since being laid off.I have had three surgeries since then and still recieving weekly W/C checks.Also will I be able to get LTD when the W/C case is over.
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sk15263

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Posted on Friday, June 04, 2004 - 7:54 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am a computer programmer currently on own occupation LTD thru my employer's insurance company following a Spinal Surgery. Can I resign from this job and look for a non-computer job since my doctor advised me not to work on computer related jobs. Will the insurance company still pay LTD when I resign from current employer ?

Thanks for your help.
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Paul McChesney (Admin)
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Posted on Thursday, July 22, 2004 - 5:07 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

SK, this is an extremely tricky question whose answer depends on the exact LTD contract and the terms of your employment contract. Get all of your employment booklets and your LTD contract and take them to an attorney. DO NOT take the following thoughts as any sort of final answer.

You should also consider Social Security disability if you cannot work anywhere.

If you can work at some other job, you should consider two hazards of sitting back and drawing LTD under an "own occupation" policy:
1. After a few years without earnings, the amount of Social Security that you are entitled to starts going down: Social Security disability and retirement benefits are based on your average earnings, throwing out a few low years and all years during which you have established a period of disability with the Social Security Administration, which you usually do by winning a Social Security Disability case. You solve this problem by going back to work, or by starting Social Security disability. Of course you might or might not also start a problem with your LTD by working, so you are in a tricky spot.
2. If you remain able to work, once you have not worked for a period of time, you become ineligible for Social Security disability. For folks over 30 who have worked for many years, this is generally 5 years; if you have worked less than 5 years in a row this period can be shorter.

School is something you might think about; if you can use this time to make yourself a high demand employee, an employer might overlook a health problem.
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BOB
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Posted on Tuesday, July 06, 2004 - 7:42 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

HI PAUL I am Bobs wife the guy 59 had open heart a arotic anuyurusm in FEB 2003 waiting to go before the judge been denied twice waiting to here what the laywer says. My ? IAM on disability from the school system since all this has happen I have went back to work just 3 days a week 5hours a day to help us live will they stop my disability check? THANK YOU FOR ANY HELP
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Paul McChesney (Admin)
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Posted on Thursday, July 22, 2004 - 5:14 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Bob's wife, I cannot answer this important question. It depends on what your disability policy says. Get all of your booklets from work and take them to an attorney.
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jdryan
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Posted on Sunday, July 18, 2004 - 11:29 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I would like to tell you my story and after you read it request if you know anything that would help me please let me know thanks.
since the age of 24 the last ten years my back pain has increased steadily its like someone is squeezing my spine about 3 inches above my waistline. january 2003 I started getting a shooting and dull pain in my right leg. mri results showed degenerative disc disease in a few of the discs and a bulging disc in L4-L5 area next several months i was in and out of work trying epidurals, physical therapy, chiropractic care, acupuncture, all this did not work, while i missed work disabilty insurance through my work covered most absences. September 9 2003 I missed worked for a long time while I had surgery lumbar lamenectomy L4-L5 area. surgery seemed to work for my leg pain but increased my back pain the squeezing spine pain. december 1 2003 returned to work and end of january 2004 started getting the leg pain back started missing work permenately on February 5 2004. applied for disability insurance through my work was denied on march 3rd metlife insurance reasoning was no treatment done and past problems are no good. it took a while to get evaluated from nuerosurgeon what happened from the surgery was intense scar tissue encasing the nerve root in L4-L5 area tried epidural treatments, physical therapy, has done no good going in for discogrammy to see which discs are bad where they inject dye in discs to recreate pain. evaluating me for disc fusion surgery. On march 20th 2004 applied for social security benefits through government dated the disability starting sept 9 2003 but the application date march 2004 caseworker advised would help expedite the case sooner, i don't know what truth is in that. also i appealed the decision from metlife disability insurance gave them attending phyisician letters, mri, office notes, epiural office notes, an orthopedic surgeon they have in their pocket denied the claim for metlife, now faced with being fired from work, and can only appeal through metlife disability insurance once. and that is already done, called the federal government disability case worker and he advised could take 3-6 months for the medical dept to contact me. Here is where I am at could you possibly know where i could go or what i can do to resolve any of my issues.
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Paul McChesney (Admin)
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Posted on Thursday, July 22, 2004 - 10:24 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

GET A LAWYER FOR YOUR LONG TERM DISABILITY CLAIM!!!!!!! Be sure to hire one that does a LOT of LTD work, and preferably one who specializes in that area.

It is not clear from your post, but if you have exhausted your in house appeals, you might not be able to add evidence in that case! Anyone who has been turned down in a Long Term Disability claim should hire an attorney after they are turned down the FIRST time!!!!

As to your Social Security claim, again, hire an attorney, but the situation is not quite as urgent.

Once you are denied LTD, you often wind up without income for a considerable time; and while you can win your Social Security case in the long run, perhaps, you are in serious financial difficulties.
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Brock
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Posted on Wednesday, August 04, 2004 - 11:46 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My wife is diagnosed with stage 3 melanoma cancer. She has been receiving LTD for over one year. We retained the insurance providers attorney to file a Social Security Claim. We were just notified that she was approved for benefits. We are also receiving benefits for our two daughters. Generally, are you required to give benefits paid for your children back to the LTD provider?
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Paul McChesney (Admin)
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Posted on Saturday, September 04, 2004 - 8:35 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Brock, that depends on the terms of the LTD policy.
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jmarispe
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Posted on Tuesday, October 19, 2004 - 3:55 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Paul, I was injured at work in April 2001 and started receiving benefits from workers' comp. While I was disabled my company was bought out by MCI World Comm. So, I filed for LTD /STD benefits a few months early because of that. But was denied by my employers'insurance company and had instructed not to file again until after workers' comp. had ended. Two weeks later I was laid-off and not allowed to continue my LTD/STD insurance coverage. After receiving temporary benefits from workers' comp. for two years, I then refiled a second time as instructed by HR and my employers' insurance company because my disiblity had gotten alot worse but was denied a second time because my employers' insurance had ended and because of a take over by MCI World Comm. and so of this they had no record of my disablity ever occuring. I am now waiting for the results of my second appeal. My yearly earnings have dropped about 50,000 per year now that I only receive benefits from SSA benefits, but I'm left with a disability that will last a life time. I would deeply appreciate if you could answer a few questions I do have though?

1. Should my employer had continued my insurance
LTD/STD because of my work related disibilty?
2. Can I recover any lost income or wages from
ERISA protection even though MCI WorldComm.
has since filed chapter 13?
3. Does the insurance company have the right to
deny my claim after giving me false
information and denying the fact that they had
no knowledge of my first claim filed ever
existed?
4. Was my employers' insurance company in breech
of contract or did they act in bad faith
because of this , or so both?
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Brenda Dickens
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Posted on Tuesday, November 09, 2004 - 11:53 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I live in Tn, And I have had back sugery in July. Im on WC at this time and about to go under again for my back.I hurt my back at work in Nov, 2003. But I have paid for STD and LTD at work. My question is can I get paid from my STD along with WC? I have been told by a few people I can. because I paid for it. And do I have to pay taxs on WC and STD at the end of the year?
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Randi Huskey (Randihu)
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Posted on Friday, October 08, 2004 - 7:18 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I live in NC and had been drawing LTD for 2 years until they discontinued due to mental health limitations and it was not due to medical reasons. For the past six months, I have not received any LTD and recently had my SSI/Disability hearing which I was informed before leaving the office that I had a favorable determination with medical being primary (fibromyalgia, asthma) with depression being secondary to the fibromyalgia. I have initiated the appeals process with my LTD company. Does my company insurance have to honor the SSI/Decision?
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Paul McChesney (Admin)
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Posted on Sunday, November 14, 2004 - 5:41 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Winning the Social Security case does not usually settle the question of whether you are disabled for LTD purposes.

As a general rule of law, an entity who is not a party to a suit is not bound by it. To apply that to your case, the LTD carrier did not get a chance to show up at your Social Security hearing and try to show you weren't disabled, so it is given a chance to do that in the LTD claim.

And the issues are often different. For example, in many but not all LTD policies, benefits for mental conditions are often limited to 2 years.

Anyone who is turned down once by a LTD carrier should absolutely, positively get a lawyer. Often the record closes after the second denial, and disabled or not, the record does not show that and you lose.

I see a lot of obviously disabled people who have appealed without a lawyer, whose record does not show their disability, and who for that reason must lose their cases. Please do not join them. It is unlikely that someone who has never handled a LTD claim and who probably has not even seen what evidence is against him - that would be you - could guess what further evidence is essential to establish disability under the LTD standard.
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Paul McChesney (Admin)
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Posted on Saturday, November 20, 2004 - 7:02 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Brenda:

Q. Can I get paid from my Short Term Disability along with Worker's Compensation?

A. That depends on what the STD policy says. Most of the time you cannot, because you would make more than you would by working.

Q. And do I have to pay taxs on WC and STD at the end of the year?

A. Not sure. I am not a tax expert; check with one. I believe that most of the time, WC is not taxable, and that STD is only if your employer paid the premiums.
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Michelle

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Posted on Monday, October 13, 2003 - 3:33 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My mother has been disabled since 1997. She has MS and is unable to work. She was drawing long term disability from her former employer and they reviewed her case this year and concluded that they feel she is able to work part time (which she is not) so they pulled her disablity. She is terrified now that if her LTD pulled away her benefits that she will lose her Social Security Disability as well. Is this true??

She was a Nurse for 10 years and that is all she has ever known for work. She drew disability from the hospital she worked for.
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Paul McChesney (Admin)

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Posted on Sunday, October 26, 2003 - 8:35 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

To answer your question: This does not mean her Social Security will be ended.

To answer related, important questions:

It suggests, but does not necessarily mean, that her condition might have improved to the extent that she might be reviewed by the Administration. She needs to be sure that her doctors are supporting her.

If she is still disabled, it means that she must fight her LTD determination. Really good lawyers in this field are scarce. Find a good one and fight it. There are deadlines. It is much better to appeal with a good lawyer; there is a tricky way that the record "closes," and you cannot add more evidence, after the second appeal of these cases.
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dennis
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Posted on Thursday, December 23, 2004 - 6:56 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi I'm dennis and has been diognosed with essentural tremors, I feel this is the start of Parkinson desease. this week my Dr. took me out of work because I have lost the use of my hands due to a severe shake. All of my motor skills in my hands are gone. I will start working with a specialist while I'm out of work. My Q. to you is whats the percentiage of lost in your hands that will consider you disable ? while the rest of my body is fine. Tkank You
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daphne
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Posted on Monday, December 27, 2004 - 2:29 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi, I'm daphne, I'm 42, have worked for a company for 6 years, they recently went public. I was diagnosed with breast cancer 4 years ago, and last year diagnosed with stage IV cancer. I understand that stage IV is a qualifier for disability. My concern is that I am on chemo, having memory issues, I am concerned about losing my job due to my lack to perform as I have the past 6 years. My company has been very generous in the past and allowed me to work 2-3 days a week, and pay for full time, but with it being a public company, i'm not sure anymore? Is it possible to draw both long term disability and ss? I have checked into ss and I would get a bit less than half of what I am drawing now working. My question is, is it possible to draw long term disability and ss to equal my current pay, or should i expect a considerably lower amount? My concern is to only get ss I would be paying out probably that much in health insurance every month, and i do need that...Am I best to continue working and hope for the best?
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Paul McChesney (Admin)
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Posted on Friday, December 31, 2004 - 7:28 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If you are healthy enough to work, or your boss will put up with your problems, it is often wise to hang on. You almost certainly will not be able to go back once you let go.

You can draw both LTD and Social Security disability, but most LTD policies reduce their benefits by the amount of Social Security you get.

LTD can be any percentage of your salary; check the policy; it is often 60% of your "base salary."

Some bigger companies pay your health insurance premiums so long as you are on LTD; many do not. Check carefully to see what, if anything, your premium would be if you quit. It might be a lot more than you are paying now; it might not.

You might gather up your LTD and health insurance booklets and take them to a lawyer's office and together work out exactly what will happen if you quit.

Take care.
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kathyharris
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Posted on Friday, January 14, 2005 - 8:41 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

We are residents of NC, but my husband worked for many years at a nuclear plant in SC. In 1999 he recieved a asbestos settlement, part of it was an amount paid by workers comp. He continued to work for the company until he was taken out of work by his spine doctor, because of severe problems with his back. He has been recieving LTD from his employers insurance company for the last several years, only for his back. Now they are saying that they over paid him, because they paid the settlement in 1999 for a totally different reason, is this possible? Thanks for any info you can give.
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Paul McChesney (Admin)
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Posted on Monday, January 31, 2005 - 8:52 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

This is a hard question to answer. I would need to see his settlement papers in all the cases and his LTD contract.

Take all that to some lawyer right now.

I assume he is drawing Social Security also? If not it is important that he file.
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joe newberry (Unregistered Guest)
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Posted on Wednesday, February 09, 2005 - 7:41 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Child is 18 yrs old now but has 5 more mo. before she graduates high school,ssdi sent her a letter informing her that she would be receiving herdependent check for five more months and it would come in her name only.shouldn't that change the LTD offset amount that the parents getfrom the LTD CARRIER?
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Paul McChesney (Admin)
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Posted on Tuesday, February 15, 2005 - 5:19 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

In short, I don't know.

In long, it depends on the wording of the LTD policy, which I can't know without reading it. Read it carefully, ask for the reduction, and if you don't get it, talk to an attorney.
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c prosser (Unregistered Guest)
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Posted on Tuesday, February 22, 2005 - 4:50 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have had MANY, MULTIPLE sypmtoms for over 3 years now. I have almost daily headaches and average 2 migraines a week. I have heel pain, neuromas, patella alta, osteoarthrist in my knees, bulges in 4 disks in my back, one bulge in back at L5-S1 (that by ortho Dr. said is a collapsed disk). I have have been diagnosed by a psych as "very low memory", anxiety attacks, and major depression, can't come up with simple words, hard to concentrate. I cannot get a good night's sleep, either have a hard time getting to sleep or wake after 1-3 hrs and then am wide awake for several more hrs. I am horribly fatigued during the day and tend to have to nap, either in the morning or afternoon. I have diarrhea, and am very tender in areas like hips, knees, back, elbows, etc.

I have been out of work for almost 3 years - 1 year on std and the end of april 05 will make 2 years on ltd thru my ex-company (terminated after 1 year on std.) (cont.)
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c prosser (Unregistered Guest)
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Posted on Tuesday, February 22, 2005 - 4:51 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

(cont.) When I went out on disability, it was for the depression, anxiety attacks, and because of my memory.

Because my disability was deemed "mental illness" my insurance company will only keep me on ltd disabiblity for 2 years (which is almost up.)

Two days ago I was fianlly diagnosed with osteoarthritis and fibromyalgia by a rhumatologist. I have now found out that fibromyalgia symptoms definitetely include memory problems, depression AND anxiety - the "mental illness" reasons I am out on ltd now. They are in the process of reviewing my case now.

Since I have thus been diagnosed, will my ltd carrier have to change the reason that I have been out this whole time from a "mental" illness to a "physical" illnes, thus enabling me to keep my benefits? Thanks SO MUCH for the info!
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jack soden (Unregistered Guest)
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Posted on Thursday, March 03, 2005 - 11:11 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

i was wondering if anyone else has had trouble with an administrative law judge out of roanoke, virginia by the name of karen b. peters. my disability hearing was last year. i was told they would get back in touch with me at a certain time and it's been 5 months now. my situation is urgent. i have phlebitis which prevents me from working,severe sleep apnea and dyslexia. i've contacted charity organizations and shelters in my hometown of rocky mount, virginia but because of low budgets and the number of individuals getting help already they told me they couldn't help me. if anybody else is having a hard time getting their disability because of judge peters inability to show any compassion for her fellow man please e-mail me at the following address donn409@usa.com and tell me your story. if you can't get through at first please try me again later. thank you all so much.
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bkmages (Unregistered Guest)
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Posted on Friday, March 18, 2005 - 8:11 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I hit the side of my head against the wall when I slipped on a wet tile floor at work and caused eye damage to my left eye. When I went to the Dr. it was discovered that I had 2 brain tumors that were malignant melanoma; these were removed successfully and I was scheduled for treatment.
During this time of about a year, I did not concentrate on the eye and when I did and was told there was nothing that could be done for the eye area, I contacted my employer and tried to collect WC; they conventiently lost my letter and WC report form that I had originally submited to them and my WC was turned down. Is there anything I can do? Can you collect SS Disability and WC Disability at the same time? They refused to bring me back to work, stating that things were slow and they were laying off. This is not true since they have hired several New Home Sales Managers on a continuous basis. They have also not paid my vacation pay. Is there anything that I can do?
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Paul McChesney (Admin)
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Posted on Tuesday, April 26, 2005 - 11:25 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

bkmages:

Q. Is there anything I can do?

A. I am not sure about the Worker's Compensation; that depends on state law. Check with a local lawyer, quickly, there might be deadlines you are missing.


Q. Can you collect SS Disability and WC Disability at the same time?

A. Yes, but usually there is a reduction in one check or the other. But you are always better off with both checks than with one.

Q. They refused to bring me back to work, stating that things were slow and they were laying off. This is not true since they have hired several New Home Sales Managers on a continuous basis.

A. I do not know a lot about wrongful firing. Keep looking on that one.

Q. They have also not paid my vacation pay. Is there anything that I can do?

A. Not sure. State law question.

Take care. Sorry; most of your questions were not Social Security. I'm sharp, but narrow.
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Andrea C (Unregistered Guest)
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Posted on Tuesday, March 22, 2005 - 2:38 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I was injured at work in 2001 and recieved WC and STD for about 2 years. I was recently approved to LTD through a private insurance company. I filed for Soc Sec and was denied even at the hearing level. I am appealing this decision. If I win my appeal, do I still have to pay back the STD/LTD?. I was only required to go to the hearing level.
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Anonymous
 

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Posted on Tuesday, February 21, 2006 - 3:57 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

What happens when your LTD insurnace company does not tell you that if you apply for your SSD and you recieve your lump sum, that you have to give the LTD that check and you spend most of what you received? What are you supposed to do then?
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Paul McChesney (Admin)
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Posted on Tuesday, April 26, 2005 - 11:24 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Andrea: Almost certainly. I cannot say for sure, since it depends on what your long term disability policy says, but all the policies I have seen require payback no matter what level you win at.
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virginia trotman (Unregistered Guest)
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Posted on Tuesday, March 22, 2005 - 2:52 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am on Ltd and was required to file for Soc Sec. In order to qualify for LTd, I had to promise to repay if I won my Soc Sec case. I have two sons 15 and 9. Will I be entitled to repay what they get along with what I get to the insurance company. I was also assigned an attorney through that insurance company to help me with my Soc Sec case.
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Paul McChesney (Admin)
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Posted on Tuesday, April 26, 2005 - 11:22 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Virginia: That depends on the terms of the contract between you and the insurance company. Get the contract, read it, and if it is not clear, get an attorney to look at it - not the one hired by the insurance company.
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Oretta (Unregistered Guest)
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Posted on Tuesday, March 22, 2005 - 3:01 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I live in the Virgin Islands. I applied for a social security hearing and was told that the judge will be traveling from Puerto Rico. I am concerned about this because the Puerto Rico judges are known to be very hard on Virgin Islanders. What can I do to ensure a fair hearing?
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Paul McChesney (Admin)
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Posted on Tuesday, April 26, 2005 - 8:33 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

There is no way to ensure a fair hearing.

You can increase the odds that your hearing will have a satisfactory outcome by having a lawyer present, preferably one that the judge knows will appeal him if he denies you, by producing overwhelming, preferably objective evidence of disability, and by appealing if he denies you.

Take care and good luck.
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Demi (Unregistered Guest)
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Posted on Tuesday, April 26, 2005 - 10:37 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have stage III brain cancer and am currently receiving LTD payments and social security payments. My long term disability insurance company is miserable. My doctor is fully behind me and repeatedly tells them that I am not able to work yet they make her jump through hoops and request information repeatedly. I am sure you know their tricks and I am worried that my doctor will get tired of playing the game. My question is: How would I go about offering to settle with my long term disability carrier for a lump sum payment? My husband makes decent money and it would be worth it to me to take a lump sum payment to get these people off of my back. Not to mention avoid future litigation should they decide to deny me outright. The disability plan is made up of employee contributions but administered by an outside company. Would I try to settle with my old employer or the administrators of the plan? I cannot find any attorneys in Colorado who work in LTD law. Thanks
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Paul McChesney (Admin)
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Posted on Saturday, May 07, 2005 - 8:19 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am sorry to hear about your condition. You would talk to the disability insurance company. Good LTD lawyers are hard to find. You might contact me for suggestions; I can sometimes suggest a lawyer, and sometimes not, depending on where you are.

(Message edited by admin on May 07, 2005)
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Shiv Kunapuli (Unregistered Guest)
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Posted on Tuesday, May 17, 2005 - 5:01 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hello Paul, Can you please suggest an LTD attorney who specializes in ERISA in New Jersey.

Thanks for your help
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Paul McChesney (Admin)
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Posted on Sunday, May 29, 2005 - 1:22 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Shiv, No.
-I know a fair number of attorneys who I am pretty sure do a good job.
-But I don't happen to know any in New Jersey.
-Of course, there are also a lot of attorneys who do a great job who I don't know!
-The best suggestion I can think of is to go to my page that tells you how to find a Social Security lawyer, and use it as a pattern, except put the words "Long Term Disability" anywhere you see the words "Social Security Disability." That page is http://www.carolina-disability.com/get-lawyers.php
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DF (Wounded50)
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Posted on Saturday, July 09, 2005 - 10:03 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Great forum! I'm reposting a summary of a question I had previously asked as I feel others may have had a similar circumstance.

I'm getting Worker's Comp and Social Security Disability. I was getting LTD but it was discontinued late in 2004. The only thing LTD was contributing was their nominal $50 a month. I've been reporting the Worker's Comp payment changes to SS but I never reported the discontinutation of LTD. They have not been part of the process.

Worker's Comp has reached a settlement figure with me. I will have to report that to SS when it finalizes. Should I also report, now, the LTD having been discontinued late last year even though they only were paying me their nominal $50/month? I've reimbursed them all the overpayments and they haven't been part of the process since October/2004.
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 3:12 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

DF: To first answer the question you did ask, you don't need to tell Social Security anything about LTD. The amount of LTD you get does not affect the amount of Social Security disability.

If you had been drawing SSI, you would have to report your LTD benefit change; the amount of your SSI would be affected by the amount of your LTD.

To answer a question you did not ask, I am troubled that you let your LTD stop without a fight, if you did that. If you are drawing Social Security disability, you are disabled. If you are disabled you are likely entitled to LTD.

Be sure you get a lawyer to draw up the settlement papers in your worker's compensation claim. If you have a good settlement without a lawyer great, but pay one a few bucks to draw the settlement papers! If they are drawn correctly, they can often eliminate an enourmous reduction in your Social Security check!! If you don't do this right, you can wind up with a reduction in your Social Security for years, even though your worker's compensation is long since spent.
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Robert Ott (Unregistered Guest)
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Posted on Monday, August 01, 2005 - 10:01 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I recently started a new job (5 months ago) and injured myself doing yard work, my employer has said I have to be there for 1 year to be eligible for short or long term disability and now my doctor has said surgery will be required to fix my problem but I currently have no source of income is there type of disability I can get from the SSA during my recovery. I have been out of work for a month and they are expecting me to be out another 6-9 months after the surgery. Thank You
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 3:03 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Robert: If you are certain that you are going to be back within a year, SS disability cannot help you. But if you are not absolutely certain, it would be best to file, in case it happens to last that long. Your story is an upsetting one to me. Please do search elsewhere for help; I don't know much about the other sources of help. Take care.
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Wayne Johnson (Unregistered Guest)
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Posted on Wednesday, July 27, 2005 - 4:37 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 38 and have had major foot surgery. This included relocating my heel, building an arch, transferring a tendon and stretch my Achilles tendon. This is the third surgery I’ve had and the second doctor as the first treated me for a full year before he found I had been walking on a broke bone.

I am receiving long term disability for one year this September. The disability company has requested I file SSD or they will reduce benefits. My doctor told me to go ahead and file as I am not able to walk for more than 30 mins. and still have pain and swelling.

I plan to return to work, if they will allow, but it may be months if I’m even able too at all because my job requires me to be on my feet 90% of the time.

Can they reduce my long term disability during the SSD approval process or do they just need proof I’ve filed?
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Paul McChesney (Admin)
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Posted on Tuesday, August 02, 2005 - 9:14 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I cannot answer that question, since it depends on what the LTD policy says. To get a definite answer to that question, get a copy of the policy and if it is not clear, take it to an attorney. And, just because they can cut it down does not mean they will. Do whatever you can to stay in their good graces so they are less likely to do so.
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DF (Wounded50)
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Posted on Thursday, August 11, 2005 - 2:19 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I'm about to finalize my Worker's Comp Settlement (agreement and amount have been reached). I'm just waiting for the paperwork. My attorney said it would take a few months but it's taking FOREVER (4 months now). I have a couple of questions:

1. The Worker's Comp carrier called my attorney to find out if I'm on Social Security Disability (which I am), how much I'm receiving monthly, and whether Medicare has paid for ANY injuries (I did have an inguinal hernia which I had surgery for that has nothing to do with worker's comp). Are these normal questions for the carrier to ask my attorney while structuring the worker's comp settlement? Do they contact Social Security while structuring the settlement and this is what is causing the delay?

2. I was receiving LTD. But that was discontinued late last year. The LTD case manager just called and wants me to send them a copy of the worker's comp settlement paperwork when it is finalized. They were only paying me $50/month until it was stopped. All overpayments have been paid back. What possible interest could they now have, a year later, with the worker's comp settlement? And why do they need a copy of the settlement papers? My thinking is when they stopped payments late last year, they are now OUT OF IT.
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Paul McChesney (Admin)
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Posted on Saturday, September 24, 2005 - 9:01 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am afraid to make guesses; you have a lawyer; ask him. He has more information than we do. Be careful! Don't necessarily give up on getting more LTD.
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 2:47 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Anonymous, THAT is a good question. I cannot answer it. If you have spent the money, and you were told nowhere not to do it, maybe you have some sort of claim. But don't rely on me, I'm a Social Security lawyer! Sit down and talk to an attorney who handles LTD cases.
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Anonymous
 

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Posted on Tuesday, February 28, 2006 - 2:43 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been on LTD since 1999 after having my 3rd back surgery(RAY CAGE). I have been under survalance by a PI recently. It really doesn't show anything. They showed me the video while doing an in house reiew. My doctors still say I am still disabled. The LTD carrier had 2 doctors I have never seen before review the video and has said I not disabled and can go back to work full time. They also said I have the education to return to work doing light duty work in my field. LTD has stopped paying me. I have 3-6 months to appeal this decision. I am still under pain management and doctors care. I don't know what to do. I know I am unable to work in any capacity either full or part time consistently. I still receive SSDI but the LTD money I received helped pay for doctors and medicine that I need to function. I can no longer afford this on my own. Can you offer any suggestion?
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Paul McChesney (Admin)
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Posted on Sunday, March 19, 2006 - 2:44 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Yes! Hire a lawyer, and right now! See the above posts for why.
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Anonymous
 

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Posted on Wednesday, February 15, 2006 - 7:07 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I had to leave my job as a registered nurse due to a multitude of health problems.. I finally got my Dr to say I could return to work but with restrictions. The hospital said that they could not honor my restrictions. Am I still eligible for my long term disability? I have looked all through my policy and do not see where this is addressed. Thanks
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Paul McChesney (Admin)
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Posted on Monday, March 20, 2006 - 5:21 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I would guess so; usually the LTD policy says that, for the first two years, they pay if you cannot return to your old job. After that it often only pays if you cannot do any work.
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Andrea C (Unregistered Guest)
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Posted on Monday, March 20, 2006 - 9:08 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I won my disability case on Jan. 26,2006. I've been on LTD for 2 years. My private insurance company has been calling SS about my monthly benefits which I have yet to recieve. Can they get information from SS about my case?. Meanwhile, they have stopped communicating with me.
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jeanette young (Unregistered Guest)
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Posted on Tuesday, April 04, 2006 - 4:25 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I won my social security case as well as my LTD case but now my insurance company wants to do an in home continuance of benefits review at my home, and said they would be here for about 3 hours, I have heard not to let them in my home but to have the interview somewhere else like my daughters home which is about 3 blocks away.would this be something that I should be careful about...............
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jeanette young (Unregistered Guest)
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Posted on Tuesday, April 04, 2006 - 4:29 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

also has anyone ever heard of these interviews done at the home after only being on LTD for 6 months, when they come what should I watch out for and be careful of??????????

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This site is maintained by Paul McChesney, an attorney who has been practicing disability law for around 25 years in North and South Carolina.

If the subject of disability is important to you, or if you want to find out more about us, you should explore the rest of this site. To do so, go to our homepage, Carolina-disability.com.

Please don't take anything on this site as legal advice! Nor should you take any action, or fail to take any action, based on any communication provided through this site. Before doing that, it would be wise to sit down and talk to an attorney in his or her office. Please also see our disclaimer at this link: Disclaimer. We want to be as helpful as we can be on a website; please thank us by doing this.