Considering short-term and long-term disability - Disabilities Message Board

Avalon · 05-02-2006, 04:31 PM

I have been dealing with lower back/leg pain for 3 years from advanced disc degeneration. I have been told my lumbar and cervical spine looks like that of an 80-year-old (I'm late 50's). Had a diskectomy 18 mos. ago with no success. Top spine surgeon in the area said he would not do a spinal fusion because there is damage at all levels and a fusion could actually make things worse. My hand and foot are now going numb as well. Bottom line is, it doesn't sound like there's any miracle cure. I am also miserable at work and was thinking this may be a way out. I certainly have enough medical evidence and my pain management specialist thought I would qualify for disability. I'd first have to go on STD then apply for LTD. How difficult do you think this will be? Can they turn me down by saying I should be able to do a job of some sort -- even though I can't sit or stand long without pain and now with the hand numbness, can't write either? This is a big step for me and very risky, so I'm afraid to start the process then maybe be turned down and have no job and insurance. Any advice would be appreciated!

countrykid · 05-02-2006, 05:16 PM

Avalon
I was in the same position as you are in now 3 years ago. I had my first discectomy in 1992 after going 2 years of specialist and tests. I had a fabulous doctor from Graduate do my surgery. I was almost fine till about 4 1/2 years ago when the back flared up again. I went out on STD for 15 weeks and tried to go back to work. That only lasted about 5 months and I went back out on STD. I was being treated and had the tests. Unfortunately it was all for none. The last specialist gave me a 5% chance of having any relief from a spinal cord stimulator to help with the pain. So I too had lots of medical evidence to support a disability claim.
I went out on STD in Jan of 2004. March of 2004 I applied for SSDI..June 2004 I was approved and recieved my first check from SSDI Aug 2004. I had 26 weeks of STD so the SSDI came right as my STD was ending. I was told to apply for SSDI shortly after going on STD so that if I was denied I still had STD and LTD to fall back on till approved.
You might want to check with your HR to find out what procedures they have for holding your job. Some companies will only hold your job as long as you fall under FMLA. You may also be eligible for personal leave but I would watch that because you may lose your insurance benefits if you go on personal leave.
Hope this helps

Avalon · 05-02-2006, 08:45 PM

Thanks, Country. So are you on LTD from work and have SSDI as well? I'm so confused by all this stuff. How difficult do you think it would be to get approved by my employer's insurance co. for STD, and later LTD? I mean, how could they tell me I'm not having pain, or that the pain shouldn't be that debilitating? I really don't want the job back, I just want to have income and medical insurance.

Advice seeker · 05-03-2006, 06:31 AM

Since you are in your late 50's, your chances of being approved for SSDI are better than someone with the same symptoms that is younger. I would recommend that you go ahead and apply for SSDI and your STD.

Kissa · 05-03-2006, 09:08 AM

STD isn't that difficult overall to recieve from most companies. Generally all they ask is basic medical evidence from your doctor indicating that you need to be placed on STD and for what duration of time. That time of course can always change from STD to LTD. The length of the STD will depend on what your companies policy is as well as the length of the LTD. LTD may be a bit more difficult to obtain, especially if permanent but still much easier to obtain than SS. You will of course still need the appropriate amount of work credits in order to be eligible for SSDI which could be anywhere from 34-38 depending on your actual age.

Some companies require that you apply for SSI and or SSDI if you are applying for LTD and will decrease your LTD amount by the amount of SSDI. So for example lets say you were getting $1000 in LTD and did win SSDI and recieved $700 per month on SSDI you would only get a total of $300 from your LTD in addition to the SSDI. Most companies will make you pay back anything you are awarded by Social Security.

In order to be eligible for SS your doctor must show that you will be disabled for at least one year with a qualifying disability (which you appear to have). I'm not sure that your chances of winning are any greater than a younger person as I've met many in their late 50's and early 60's who were repeatedly denied and placed on regular SS instead at the appropriate age.