I am a lawyer who represents people in Social Security Disability cases, so I know something about this subject. As another poster correctly pointed out, SSD is like an insurance policy: if you paid your premiums and are disabled, you qualify (despite the fact that you may be receiving LTD payments from a private insurance company). However, the reverse is not necessarily true; your LTD policy almost certainly contains a clause allowing them to offset SSD benefits. In other words, they can probably reduce the amount they pay you by the amount the government is paying you. LTD policies also often have a clause requiring
you to seek SSD benefits (so they can get the offset, of course).
Also, as another poster stated, you should apply right away. The process is very slow. You will likely be turned down initially. Don't despair, and don't get discouraged. Appeal the initial denial, and you will eventually have an opportunity to take your case before a judge. It is only at this stage, often two to three years after the initial application, that we are usually able to win. If you do win, Social Security will pay you your past-due benefits (the accumulated monthly payments they should have been paying all along).
Each LTD policy is written by an attorney working for that particular company, and may be different from a policy provided by another company. The only way to know for sure what your LTD policy provides is to obtain a copy of the policy and read it.
For more information, go to [url]www.ssa.gov[/url] or [url]www.socialsecuritylegal.com[/url].
Originally Posted by bryce51
I'm new to the forum.
I just filed for SSDI. I am almost 55. My doctor put me on disability the end of March. About 2 weeks later I was terminated. No reason was given since I was in a probationary position. I had worked for the same employer for 15 years but tried to do a new job after getting laid off. I just couldn't physically do it so I am sure that is why I was terminated.
I have no idea how long I can draw disability through this company. I do not have any information about the plan I had through my previous employer.
If I ever get approved for SSDI will I have to repay the disability I received? I've read where you can't qualify for SSDI for 5 months so if I was found disabled from the time my doctor put me on disability would I be responsibile to repay from that date forward?
Also if I draw out my retirement to live on do I have to be approved for SSDI before I can get out of paying the 10% federal tax penalty for early withdrawl? I am disabled and could use the money but I'm afraid if I'm not approved I'll have to pay the 10% penalty.