| Author |
Message |
    
Anna
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, May 13, 2001 - 9:10 am: | 
|
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? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, May 14, 2001 - 5:45 am: |
|
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. |
Anna
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, June 18, 2001 - 8:36 pm: |
|
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. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, June 21, 2001 - 5:44 am: |
|
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. |
cathytruitt
Rating: 
Votes: 2 (Vote!) | | Posted on Monday, October 01, 2001 - 6:04 pm: |
|
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. |
Tammy
Rating:
Votes: 1 (Vote!) | | Posted on Monday, June 25, 2001 - 6:54 pm: |
|
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. |
Ron Hoffman
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, October 25, 2001 - 9:23 am: |
|
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! |
Jamee
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, October 28, 2001 - 7:34 pm: |
|
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? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, November 10, 2001 - 9:25 am: |
|
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. |
iou4it
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, December 03, 2001 - 9:27 am: |
|
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. |
Marianne Catoe
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, January 28, 2002 - 12:16 pm: |
|
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 |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, January 28, 2002 - 4:14 pm: |
|
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. |
Pam Mazell
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, March 22, 2002 - 8:14 am: |
|
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. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, March 26, 2002 - 4:52 am: |
|
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. |
Pat
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, June 14, 2002 - 9:27 am: |
|
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. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, July 20, 2002 - 8:10 am: |
|
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. |
Jasper Rocks
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, September 05, 2002 - 9:02 am: |
|
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.) |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, October 02, 2002 - 5:15 am: |
|
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. |
Cass Miller
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, September 05, 2002 - 9:54 am: |
|
I receive LTD disability from my employer. If I am awarded Social Security Disability, who notifies my employer? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, October 02, 2002 - 5:20 am: |
|
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. |
C Pittman
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, January 13, 2003 - 8:40 am: |
|
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. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, February 26, 2003 - 8:00 pm: |
|
Ask your attorney; I am sure he will tell you about the law of subrogation, which will protect you. |
Gloria
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, July 07, 2003 - 11:18 pm: |
|
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. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, July 13, 2003 - 6:16 pm: |
|
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. |
gloria
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, July 13, 2003 - 10:41 pm: |
|
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. |
Qaaree
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, October 21, 2003 - 10:28 pm: |
|
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? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, October 26, 2003 - 7:01 am: |
|
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. |
Tangellea
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, December 17, 2002 - 9:33 pm: |
|
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. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, December 21, 2002 - 6:15 am: |
|
If the company will not co-operate, you have little choice but to go to an attorney. |
AW Miller
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, November 02, 2003 - 5:39 pm: |
|
Thanks very much for your opinion...I must have missed it.
AWM |
C. Phillips
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, November 30, 2003 - 12:02 pm: |
|
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. |
prince kaywood
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, January 09, 2004 - 12:19 am: |
|
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.) |
Eugene Barron
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, August 19, 2003 - 12:42 pm: |
|
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? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, August 23, 2003 - 6:06 am: |
|
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. |
Tammy Mattingly
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, April 15, 2004 - 6:30 pm: |
|
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. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, April 25, 2004 - 6:04 am: |
|
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. |
Lisa Ault
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, April 03, 2004 - 4:14 am: |
|
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. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, April 25, 2004 - 5:56 am: |
|
Lisa, I think all I can give is sympathy. Many LTD policies are written that way. |
Alan McInytre
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 13, 2004 - 10:19 am: |
|
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. |
sk15263
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, June 04, 2004 - 7:54 pm: |
|
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. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 734
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, July 22, 2004 - 5:07 am: |
|
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. |
BOB
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 06, 2004 - 7:42 pm: |
|
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 |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 735
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, July 22, 2004 - 5:14 am: |
|
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. |
jdryan
Unregistered guest
Rating:
Votes: 1 (Vote!) | | Posted on Sunday, July 18, 2004 - 11:29 pm: |
|
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. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 756
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, July 22, 2004 - 10:24 am: |
|
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. |
Brock
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, August 04, 2004 - 11:46 am: |
|
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? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 789
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, September 04, 2004 - 8:35 am: |
|
Brock, that depends on the terms of the LTD policy. |
jmarispe
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, October 19, 2004 - 3:55 am: |
|
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? |
Brenda Dickens
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, November 09, 2004 - 11:53 pm: |
|
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? |
Randi Huskey (Randihu)
New member
Username: Randihu
Post Number: 1
Registered: 10-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, October 08, 2004 - 7:18 pm: |
|
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? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 851
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, November 14, 2004 - 5:41 am: |
|
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. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 900
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, November 20, 2004 - 7:02 am: |
|
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. |
Michelle
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, October 13, 2003 - 3:33 pm: |
|
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. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, October 26, 2003 - 8:35 am: |
|
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. |
dennis
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, December 23, 2004 - 6:56 pm: |
|
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 |
daphne
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, December 27, 2004 - 2:29 pm: |
|
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? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 949
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, December 31, 2004 - 7:28 am: |
|
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. |
kathyharris
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, January 14, 2005 - 8:41 pm: |
|
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. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1004
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, January 31, 2005 - 8:52 pm: |
|
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. |
joe newberry (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, February 09, 2005 - 7:41 am: |
|
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? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1010
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, February 15, 2005 - 5:19 am: |
|
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. |
c prosser (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, February 22, 2005 - 4:50 pm: |
|
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.) |
c prosser (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, February 22, 2005 - 4:51 pm: |
|
(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! |
jack soden (Unregistered Guest)
Unregistered guest
Rating: 
Votes: 1 (Vote!) | | Posted on Thursday, March 03, 2005 - 11:11 am: |
|
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. |
bkmages (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, March 18, 2005 - 8:11 am: |
|
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? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1151
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 26, 2005 - 11:25 am: |
|
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. |
Andrea C (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, March 22, 2005 - 2:38 pm: |
|
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. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, February 21, 2006 - 3:57 pm: |
|
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? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1150
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 26, 2005 - 11:24 am: |
|
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. |
virginia trotman (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, March 22, 2005 - 2:52 pm: |
|
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. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1149
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 26, 2005 - 11:22 am: |
|
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. |
Oretta (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, March 22, 2005 - 3:01 pm: |
|
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? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1148
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 26, 2005 - 8:33 am: |
|
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. |
Demi (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 26, 2005 - 10:37 pm: |
|
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 |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1162
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, May 07, 2005 - 8:19 am: |
|
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) |
Shiv Kunapuli (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, May 17, 2005 - 5:01 am: |
|
Hello Paul, Can you please suggest an LTD attorney who specializes in ERISA in New Jersey.
Thanks for your help |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1192
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, May 29, 2005 - 1:22 pm: |
|
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 |
DF (Wounded50)
New member
Username: Wounded50
Post Number: 1
Registered: 6-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, July 09, 2005 - 10:03 am: |
|
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. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1131
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 19, 2006 - 3:12 pm: |
|
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. |
Robert Ott (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, August 01, 2005 - 10:01 pm: |
|
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 |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1130
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 19, 2006 - 3:03 pm: |
|
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. |
Wayne Johnson (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, July 27, 2005 - 4:37 pm: |
|
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? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1340
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, August 02, 2005 - 9:14 am: |
|
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. |
DF (Wounded50)
New member
Username: Wounded50
Post Number: 3
Registered: 6-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, August 11, 2005 - 2:19 pm: |
|
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. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1505
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, September 24, 2005 - 9:01 pm: |
|
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. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1126
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 19, 2006 - 2:47 pm: |
|
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. |
Anonymous
Rating:
Votes: 1 (Vote!) | | Posted on Tuesday, February 28, 2006 - 2:43 pm: |
|
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? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1125
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 19, 2006 - 2:44 pm: |
|
Yes! Hire a lawyer, and right now! See the above posts for why. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, February 15, 2006 - 7:07 am: |
|
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 |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1157
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, March 20, 2006 - 5:21 am: |
|
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. |
Andrea C (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, March 20, 2006 - 9:08 am: |
|
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. |
jeanette young (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 04, 2006 - 4:25 pm: |
|
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............... |
jeanette young (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, April 04, 2006 - 4:29 pm: |
|
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?????????? |
