All of this sounds complicated. We can simplify it just by saying that if you file a claim and you are told that you have too much income or resources or if you are told that you have not worked enough, you just need to…
Can I Get Short or Long Term Disability?
If you are no longer able to work, you might be qualified for short term disability (“STD”) or long term disability (“LTD”) benefits through your employer. First check to see if you have any disability coverage through your employer. If you are eligible to apply for disability benefits through your employer, you should be sure to apply for those benefits before you stop working to avoid any qualification issues. However, even if you have already stopped working you should be sure to check to see if you might be eligible for any STD or LTD benefits through your former employer. If your former employer did not notify you of your potential eligibility for these benefits before your time limit to apply ran out, you could have a good argument that you have the right to go back and apply. You should check with an employment law attorney regarding that issue.
From the perspective of the Social Security Administration and your application for Social Security disability benefits, there is no harm in applying for or receiving STD or LTD through your former employer. It will not affect your disability claim with the SSA, except that the evidence you need for your STD or LTD might also be relevant to your application for Social Security disability. However, before you apply for disability benefits you should check to make sure you know what your STD and LTD contracts say about Social Security disability. Every contract is different so we cannot advise you about how your application for Social Security disability benefits might affect your STD or LTD. If you have questions about your STD or LTD contract you should check with an employment law attorney about those questions.