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Old 08-31-2006, 12:51 PM   #1
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Long Term Disability & SSDI Questions

Hello,

I was just informed by my STD insurance that I needed to apply for SSDI as I will be going into Long Term disability. I had a spinal fusion on July 11th & don't expect to being going back to work until possibly December due to some complications. I'm alittle terrified to apply for SSDI. I guess I feel that I will not be approved as I feel that I would not be considered disabled. I'm not able to walk for long, sit for long or drive for long. My sitting time is barley 30 minutes at most. I also have a weak & numb left foot. I work a phone desk job which requires sitting for long periods so not sure I would be able to to that. My doctor told me today he would approve me to be out for as long as it takes for me to heal. I guess I feel like I'm coping out of something even though I'm not able to function like I used to. Should I worry about this or just go thru what I need to do?

Thanks,
Teresa

 
Old 08-31-2006, 08:19 PM   #2
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Re: Long Term Disability & SSDI Questions

Check out this post SSI disability rules and regulation: [url]http://www.healthboards.com/boards/showthread.php?t=422867[/url] which is a couple of postings down.

Also, if I were you, I would also check out the Social Security Disability website and/or an attorney who ONLY specializes in Social Security Disability cases for further information to determine your options.

Good luck!

 
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Old 09-01-2006, 08:28 AM   #3
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Re: Long Term Disability & SSDI Questions

The one condition and probably one of the more important ones regarding SSDI is that you have to be expected to be off work for at least one year. If your doctor is not willing to indicate that you may be off this long and instead says he expects you to go back in December most likely you will be denied. Be sure to talk to your doctor about this before applying.

Applying for SSDI should not be a scary experience at all. It is to your benefit that you apply and it is required of most Long Term Disability programs. They do offset your LTD by the amount of your SSDI. The advantage is that once you have been approved if you do go back to work and have to quit within the first year of returning you can pick up your SSDI benifits again without having to apply. This is also true for up to 2 or 3 years but you may be required to have an examination first by their doctors.

Again, I wouldn't be worried about it at all, there's nothing to fear. If you get denied you simply appeal the proccess. One thing to keep in mind and you will want to ask your LTD adviser if that if you do hire a lawyer will the amount that they get be deducted from the monies you will owe the LTD?
In other words, the reason LTD want's you to apply is so they don't have to pay. They expect you to pay them back when you are awarded. In my husbands case if he had hired a lawyer the money that SS gave a lawyer would not be deducted from the amount he would owe LTD in back pay, we would have to pay that money ourselves. It's a little hidden rule and it's really important you find this out first before you hire a lawyer.

Not all LTD programs are the same, some will allow the fee's of the attorney to be absorbed, but like my husbands program there are some that do not allow them to be absorbed and Social Security has no ruling or say on that unfortunately.

 
Old 09-01-2006, 10:56 AM   #4
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Re: Long Term Disability & SSDI Questions

I think it is almost required by all LTD carriers for you to apply for SSDI. They want to pay as little as possible. I had applied for SSDI when I first went out on my last STD that I knew was going to be the last and that my LTD carrier would request application to SSDI.

I can't add anymore than has already been posted. They gave you great responses.

 
Old 09-03-2006, 12:00 AM   #5
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Re: Long Term Disability & SSDI Questions

Hi,

I had my 4 level fusion (cervical) in Jan 2003. The same month I went from short term to long term benefits. I thought it quite foolish that my LTD carrier made me file for SSDI benefits as I expected to go back to work in 6-8 months. If I refused to file for benefits they would subtract my estimated SS benefit from my LTD check.

As it turned out, I had complications and was unable to return to work. I was turned down 3 times by SS and then went for a hearing. The LTD carrier had a company they hired represent me and go with me to the hearing. I won the decision.

I realize now this is all to the insurance companies benefit. If a person does become disabled the sooner they get SS the less they have to pay. I am now in a lawsuit with the LTD carrier as they said I am no longer disabled.

Good luck and don't be afraid to file.

Kay

 
Old 09-07-2006, 07:22 AM   #6
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Re: Long Term Disability & SSDI Questions

Hi Kay,

I did contact my long term disability insurance company regarding what I was entitiled to. I feel alittle better now. I have started the application process for SSDI. I guess I just get terrified about my position at work. I really don't want to lose this job. But from what my benefits package says is that they provide long term for you to help you so I should feel alittle better. I just don't like having to deal with healing and worrying about this at the same time. Are you still having to deal with all of this now and how has you employer been with you thru out this?

 
Old 09-11-2006, 10:51 PM   #7
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Re: Long Term Disability & SSDI Questions

Hi Vamp,

My employer let me stay out for 1 year. I know if I went back they would rehire me but I can not sit or stand for any length of time without pain. The medications I am on would keep me from doing my job anyhow. I ran a help desk and had to think quickly which I can't do on these meds.

I have hired an attorney and we are suing the LTD carrier who stated I was no longer disabled. It seems a shame to me that the insurance companies can get away with this stuff.

I still need to have another surgery - this time to fuse L4-5/L5-S1. They want to use plates and hardware like they did with my neck. I just don't want anymore surgery. I am done..

I hope things go well for you. Don't push yourself to go back to work if you are not physically ready. Only you know the impact pain has on you.

Take care and good luck..

Kay

Last edited by kay1946; 09-11-2006 at 10:52 PM.

 
Old 09-12-2006, 04:38 AM   #8
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Re: Long Term Disability & SSDI Questions

Hi Guys, I can only echo the be careful with the LTD carrier through your employer (do not give them any information that would give them the chance to deny your claim).

Once your claim moves from short term to long term they often treat it as something they will do anything to avoid paying on. Make sure your doctor clearly lists in his notes your symptoms & anything that prevents you from working. The insurance is there for you & should be available for you if you are ill and cannot work always keep that in mind.

And for you - rest - take care of yourself and get well.

Blessings to you,
Suni

 
Old 09-12-2006, 01:46 PM   #9
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Unhappy Re: Long Term Disability & SSDI Questions

Hello, I am also on LTD from my job that i am not there anymore. They fired me because i could not go back to work and used up all my time.
I have been out of work due to upper back pain and carpal tunnel About a year and a half. I have been on LTD for alittle over a year.
It didn't take much to get the LTD going except the waiting period.
I have Upper back pain and the Carpel Tunnel in both wrists. No health Insurance, could not afford the cobra as i am a single woman.So i went and made an appointment to get SSDI on the 27th of this month.
It makes me so depressed that i cannot work at this time due to all the pain in my back and hands.I try to find things to do to past the time but it can be depressing as hell !
I sure hope i am doing the right things so far to try to get this SSDI because i do need Medicaid more than anything so i can get by back back to how it used to be.
Hope someone can give me some ideas i can try to do while i am out of work and that i am able to do.Thanks so much and have a wonderful day !!
Karen

 
Old 03-26-2008, 10:16 PM   #10
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Re: Long Term Disability & SSDI Questions

Also LTD expects you to pay your back pay to them that you get from SSDI. Has anyone else going though this. I have been on LTD for 6 years and finally got SSDI. Now I got SSDI and wish I had never go it due to the moneys that goes to my children my ex-wife gets and she will not send it back to LTD and they want me to pay it back. With what. I did find out they can not touch my SSDI check. They can put a lean on my car. That is all I have and it is a 99. Anyone else have this problems
thanks

 
Old 03-27-2008, 12:45 PM   #11
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Re: Long Term Disability & SSDI Questions

Kissa. I was surprised when I read your post saying that ltd would not have deducted the legal fees that in the long run save them $.
I was told by a lawyer that they do deduct those fees...I hope he is right.

 
Old 03-27-2008, 08:51 PM   #12
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Re: Long Term Disability & SSDI Questions

Quote:
Originally Posted by countrykid View Post
I think it is almost required by all LTD carriers for you to apply for SSDI. They want to pay as little as possible.
Yes, this is standard operating procedure. The good news is that:

(1) A companies LTD process usually moves along pretty quickly, thus, you really never have gaps in income. You move from ST to LT disability and received regular checks as if you were working. This is a big bonus for those that have these policies.

(2) If approved by your company LTD, it's highly likely that SS will eventually approve. I think SS moves especially slow in these situations....SS knows your not hurting and they drag their feet hoping that your condition will improve and you come off LTD. Also, they spend their time on other cases.

(3) If SS doesn't approve these people for some reason, your company's LTD isn't effected....Thus, you get paid either way.


The downside......SSD is taxable and most company policies are not. If you paid the disability premiums with after tax dollars, the insurance money is tax free. However, if you paid the premiums with pre-tax money (like they do for 401K, it's taxable. Most charge their employees with after tax dollars, so it's tax fee.

Hope this helps explain things a bit.

Ex

 
Old 03-27-2008, 08:59 PM   #13
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Re: Long Term Disability & SSDI Questions

Quote:
Originally Posted by ronnyd8719 View Post
Also LTD expects you to pay your back pay to them that you get from SSDI. Has anyone else going though this. I have been on LTD for 6 years and finally got SSDI. Now I got SSDI and wish I had never go it due to the moneys that goes to my children my ex-wife gets and she will not send it back to LTD and they want me to pay it back. With what. I did find out they can not touch my SSDI check. They can put a lean on my car. That is all I have and it is a 99. Anyone else have this problems
thanks

Yes, that is correct. However, you can petition the court to have the disability payments paid to the children to be credited to child support....Retroactively. Which means you'll get the money. Depending on your relationship with the ex wife, you may be able to persuade her to cut a deal....Explain the windfall rule and how in many cases it gets credited towards child support. Why should she get the entire windfall? Thus, try to persuade her to split the windfall with you 50/50. Tell her that:

(1) She may lose it all
(2) Will avoid legal fees
(3) Will avoid the hassle and aggravation of going to court in general.
(4) The result is each of you split the windfall 50/50 which is a true windfall.

Explain that you've already paid the support and she's received all that's she entitled to....So, why should she get double?

Also, any back payments from SS to you are to be paid back to your LTD plan from your employer. However, any back payments to the children (for your cause) is not to be paid back to the employer. It's a true windfall. It's their money based on your disability....Has nothing to do with the companies disability plan.
Hope this helps.

Ex

 
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