Should I apply? Need attorney?

[SunshineDaydreams]

Hi- I have been out of work at my doctors' direction since April of this year. I went from FMLA to extended FMLA leave from my employer in order to keep my benefits at a reduced rate. They are now in the process of terminating this leave because my doctor wrote 'ongoing' on the form instead of a date.

My company short term disability benefits started in August. This has ended and I am being reviewed for company long term disability at this time. We have no income at the moment except a small SSDI for my husband who has been disabled for many years.

Am I better off resigning, or allowing them to terminate me? And should I then apply for SSDI? Do I need an attorney to do this? I can barely take care of myself, let alone my husband, and cannot drive - he can most days. We are really having a hard time here and it seems like the company just wants rid of us.

Thank you

[jamroyce]

maybe legal action is necessary..

[SunshineDaydreams]

Company Long Term - no contact - need help

Now my company long term I've been waiting for is not answering my calls or emails and states on the claim that they are looking for my SSDI claim - which noone told me I had to make!

It was my understanding that our short term disability rolls into long term with our doctor's confirmation we are still disabled. My doctor completed their forms stating I have a life long illness with long term disability.

I have bills scheduled to come out of an empty account, can't afford my medicine, or even groceries for Thanksgiving, I really don't know what to do. My husband gets a small SSDI check, but it only covers our first mortgage.

[mytwocents]

I'm sorry that your bank balance is so low, and I don't know any way to force an insurance company to act quickly.

Yes, it looks like you need to apply for social security disability benefits. To satisfy my LTD policy, I only had to apply for (not be approved for) social security disability benefits. (Buried in a two-page letter my insurance company sent me was a two sentence paragraph about a requirement to apply for any "Other Income Benefits that you may be eligible to receive". You guessed it—they meant social security disability benefits.)

The quickest way I know to satisfy this application requirement is to apply online by starting at the socialsecurity.gov website. I completed the online Disability Benefit Application and Adult Disability and Work History Report.

It was time consuming but took less time than involving an attorney. Also I was able to print off a Receipt that showed when they had received my application for disability benefits. That might be enough to convince your insurance company that you have filed.

To complete the online Adult Disability and Work History report part of the application, you will need information about your doctors (name, address, reason for visit, treatment provided), the medicines you take (including over the counter ones), and any medical tests you have had. You will also have to describe your condition and how it affected your work and the jobs you have held. It may help if you have someone there helping you while you are completing these forms.

After your online submissions are received by Social Security, you will probably receive a letter from a representative about the next steps.

(You can also involve an attorney at any time after the application is filed. Again filing online, printing off a Receipt of the filing application and sending it to the LTD insurance company is the quickest way I know to document your application.)

I don't think you should resign. LTD benefits wouldn't have been available to me if I had resigned.

With regard to your need for immediate relief, do you have any relatives or friends nearby—someone who could share a Thanksgiving meal or loan you some money?

Can you contact social services for temporary help with food?

Do you have any savings that you can transfer to your checking account? (I'm not sure whether or not your bank will charge you when funds are insufficient for automatic withdrawals. If there will be charges, you may want to contact your bank to stop the automatic withdrawals.)

Again I'm sorry you find yourself in these difficult circumstances.

Hoping this helps.

[SunshineDaydreams]

Thank you

Thank you so much for all of the information mytwocents.

I do remember reading something like the "other benefits" line. I dug out our policy and it states I will be getting a packet when LTD benefits claim is filed. I did not file this claim, it was filed on my behalf by the insurance company based on the information received from my doctors. Interestingly, the claim history does show they've already checked for an SSDI claim.

I did finally get a call today stating I would be receiving an extension of STD to Dec 23 when my benefits would 'roll over' to LTD. This is good bank wise for my bills for the time being, and I should be able to pay for medicines and doctor bills. (hooray!)

With the effects of the steroid therapy I am on, the sclerodermic hubby getting sick, and daughters fil in the hospital with cancer - it turns out we won't be doing the Thanksgiving dinner thing except for our roast Tofurky at home. That is ok. We managed to get a few groceries on a credit card (ugh) and dog food. We'll be ok for the week or two until the next check (whew).

Thank you so much. I am going to give this a week (until I am hopefully feeling a little better) and if i don't receive this packet, I will try to get someone back to see if I am supposed to file SSDI and will follow your instructions for doing so.

I am pretty sure I've been terminated (losing vacation pay I really could have used) - but uncertain at this point. One thing is quite clear, I need to get away from there :/

Happy Thanksgiving!

[SunshineDaydreams]

Still unsure

I still am unsure if it's best to wait for the LTD or go ahead and file for SSDI? I think the LTD switch date is Dec 23.

I also believe my leave from my employer is in the process of being terminated due to my doctor indicating my condition is 'ongoing-lifelong' rather than giving an end date.

Is it better to resign, or allow them to terminate me?

[MSW1963]

Typically LTD payments will not begin until you apply for SSDI.

I personally would not voluntarily change/terminate my employment status.

The burden of legal compliance is on the employer with respect to terminating employment and protecting or denying your rights to benefits.

Your employer is prevented from using employment termination as a means to deny benefits your are otherwise entitled to per ERISA law.

I personally would not throw unnecessary voluntary termination into the mix.