I made a HUGE mistake taking my atty's advise to settle this. I got a small sum and no insurance now. I need major surgery again and have gotten progressivly worse since the settlement, August. My atty advised me to take the money as the ltd co would be on me forever! Well, now it wouldn't matter because I am worse off. So my advise: if you truly have major issues opt to get a more recent MRI and have that documentation before making a decision to settle. SSi is fine that is pretty much a standard amount regardless of any future problems, but if you have ltd with your company hang in there and get it reinstated, keeping your health insurance. I would have so much more money monthy and insurance, I hate attorneys!!!!!!
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kaybee
04-13-2005, 06:39 PM
How rotten is that?! I can't believe your atty would give such bad advise. If we had taken the money and run, we'd be in the same situation. My husband's LTD insurance co wanted to pay him off over a year ago. We refused and he ended up developing an additional disability that thankfully is recognized as being permanent cause there is no way he can work. Now if only SSDI will do the same. I have no doubt they will, it's just a matter of when. In our case, however, when SSDI kicks in, we say goodbye to his LTD.
Sorry you had such a stinky lawyer!
louisey
04-19-2005, 12:33 AM
Question. I am on ltd for about 24 months now. The insurance company have completed their investigation to determine my continued eligibility for ltd benfits. In the letter it says, Based on the medical information contained in your medical file, you are totally disabled from performing any occupation as defined in the aforementioned policy provision. As a rsult,benefits will continue until Nov. 2024. They will change it in july. That's when the two years will be up. I am getting 65% of my pay now. When I was working I paid for the extra 15% and the only way I could have gotten it is by appling for social security disability. Needless to say that I was denied twice for ssd. I went to the ALJ and I'm waiting to hear from them. So if anyone can answer this question I sure will appreciate it. Will I continue to get the same 65% or will they drop it to 50%?
Thanks
kaybee
04-19-2005, 07:50 AM
My husband's situation was the same as yours and he still gets the 65% after qualifying under 'any occupation'. His was also a buy up. You realize don't you, that any award with retroactive pay from SSDI will more than likely have to be used to pay back your LTD company? It will depend on your policy, tho.
louisey
04-20-2005, 12:49 AM
My husband's situation was the same as yours and he still gets the 65% after qualifying under 'any occupation'. His was also a buy up. You realize don't you, that any award with retroactive pay from SSDI will more than likely have to be used to pay back your LTD company? It will depend on your policy, tho.
Yes I know that I would have to pay back the LTD company. That is the way my policy is too. I hope we all will get approve for SSDI soon.
Thank You
kay1946
04-24-2005, 04:19 AM
I have LTD that I paid for through my employer. The LTD carrier made me file for SS Disability the day I started receiving LTD benefits. (Lucky that they did). I was approvied in December 2004 for SSD. Jan 9 I got a letter from the LTD carrier that they no longer considered me disabled and were no longer going to pay me. They say they have different rules for disability that SS.
I have my lawyer working on it but it is really awful. They are saying that my pain management doctor says something different than my surgeon. They say the notes don't agree with the form they filled out ... they are really trying not to pay. Everyone keep good notes of all your doctor visits.
Has anyone else had this problem?
Thanks,
Kay
kaybee
04-24-2005, 10:25 AM
My husband's case is the opposite - approved for any occupation under LTD but SSDI keeps denying him. His LTD is also through his former employer and they told us at one point to be approved for any occ, the guidelines are as stringent as those for SSDI. It's real aggravating. We have more than enough support with drs, objective medical findings, even the dr SSA sent dh too, and they still deny him. Our atty says it's because of his age.
If your LTD is claiming that you are no longer disabled, but SSA has approved you, you certainly have a legit fight on your hands. Do medical records show any improvement at all? I understand that it's fairly par for the course, you get a denial for SSDI and the LTD company denies, too. You get approval and the LTD company can't refute a claim of disability. Sounds like something screwy is going on with your LTD company.
kay1946
04-25-2005, 12:06 AM
Kaybee,
You think that one approval would be good for both SS and LTD but that's not the case.
The doctor's want me to have another surgery. Even if I have my back done my neck is such a mess that I don't think I can ever work again. I can turn left or right approximately 8-10 degrees. I can't look up or down. Also have been left with permanent nerve damage in right shoulder and arm.
If I stay fairly inactive the methadone keeps my pain tolerable. If I do too much like trying to cook dinner, I pay for it. I'm 58 and my job was in computers. I can't sit or stand for longer than 15/20 minutes without pain so I don't know what they could train me to do.
I hope your husbank gets approved for SSD. I had to go before a judge. I had several people, former coworkers, my daughter, and friends write letters as to the changes they have seen in me in the last 3 years. I also had a friend who is a nurse write a brief history. The judge had those besides all the medical info. I really believe it helped a great deal. He mentioned it twice in the hearing that he had read them. Most of these people had nothing to gain by lying. Maybe that would help. I also did not take my meds when I went for a hearing. I wanted them to see what I was like without them.
Good luck and keep us posted as to his progress.
Kay
kaybee
04-25-2005, 09:04 AM
Kay, you and my husband have similar problems. He'll have a multi-level fusion in May in the lumbar region. Then he'll have to consider a total knee replacement fairly soon, as he's in a lot of pain now with his knees as well as his lower back and cervical area. After the fusion, the damaged nerves should somewhat recover, causing him to feel even more pain in his knees. THEN after that, he can talk about the needed cervical fusion. Either way at 45 with severely advanced DDD throughout his spine in addition to other complications, there is only a limited amount of improvement expected.
My frustration is the fact that an older person (above age 55) probably wouldn't be turned down as many times as my husband has been with SSDI. Why are they ignoring the severity at his age? Obviously his medical condition has, and is expected to, exceed 12 months. We're sure getting tired of this battle.