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Message |
    
Anna
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, May 13, 2001 - 9:10 am: | 
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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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: |
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