Hi!!! Questions about the whole process

[Monicanivens123]

Hi, I was diagnosed in july, but had 6 major relapses this year .......this entire time I was under the impression that of course I could return to work, but my last relapse really took it out of me.....now I take medicine for the horrible fatigue....need to sleep often ... even with medicine....don't remember saying mean things sometimes to people, and have started a few fights with strangers.. this isnt how I normally act, I was convinced by my father to apply for ssdi and immediatley got a lawyer to do it for me (since I'm confused w/ the whole thing) my question is does my case sound like it qualifies and if so what would be a normal waiting period for benefits to be approved???? Money is one thing that always has really stressed me out, I'm a single mom so I'm hoping for a quick style approval because I dont even drive anymore, and my ltd is def nice to have but im scared they will take it away and I really would not like to get welfare??? Thanks in advance

[MSW1963]

SS disability eligibility requires that you meet minimum 'employment work credit' requirements. I worked my entire adult life, so I met that eligibility requirement and I don't remember exactly what the equilmevant years of continous work equals 'employment work credit'. You can probably check the SS website for details about work credit requirements.

In addition to meeting employment requirements, it is necessary to meet the SS defination of 'disability'. If you met LTD disability criteria, it's unlikely you will have a problem with SS disability.

Having your MS doc's support is important. Based on your LTD approval, sounds like that shouldn't be a problem.

I'm surprised you were approved for LTD without first applying for SS benefits. It is usually a stipulation in the LTD policy that LTD benefits will be 'pended' until you apply for SSDI benefits.

You are not required to be approved for SSDI benefits to continue collecting LTD benefits, although typically, you must apply even if you are not approved for SSDI.

Your LTD benefit amount will be offset by any benefits you may be eligibile for from SS.

Best of luck!

[phxjcc]

Minimum work requirement usually is that you have to work [and paid into FICA-OASDI] for 10 years.

Most LTD policies require that you reimburse them for your LTD payments out of your back pay payment from the SSA.

Most LTD policies cease payments when the SSDI starts.

You can find out how much your SSDI payments will be by ordering your personalized SSA statement from the SSA. This can be ordered online. One line on the statement (upper part of page 2) says something like
"Amount you will be paid if you become disabled.....$xxxx".

RE: quick approval: quickest I have heard of is ~90 days.

Good luck.

[there]

We cannot say whether you qualify for ssdi, but if you hired an attorney he might give you an idea. That said being tired a lot sounds a little weak and you don't mention other reasons why you cannot work so I would not expect a quick decision. Some states are faster than others.

You have to have worked for either 40 quarters or made over I forget how much to qualify for benefits. Look it up on www.socialsecurity.gov/.

Somebody mentioned "Most LTD policies cease payments when the SSDI starts" which is completely untrue. That would only be the case if your salary was so low that the SSDI benefits would be equal too or more than the LTD benefit. The no frills employer sponsered type policy (ERISA) will pay 60% of your salary and SSDI will be deducted if approved.

If the company paid for the premium you pay taxes on the benefit, if you paid the premium with after tax $ it is generally tax free.

It is not surprising to get approved for LTD without applying for SSDI, it has nothing to do with that. Your benefits, however, will stop if you refuse to aply for ssdi when asked if, in the insurance contract, you are required to do so.

[Monicanivens123]

HI GUYS,
THANKS FOR THE QUICK RESPONSES I REALLY APPRECIATE IT!! AS FAR AS THE WORK CREDITS GO, THAT I KNOW IS ONE THING IM GOOD ON FOOR SURE, I HAVE WORKED FULL TIME MY ENTIRE ADULT LIFE. OTHER THAN THE FATIGUE, IM SLURRING MY WORDS, BOUTS OF VERTIGO, CANT REMEMBER THINGS, LEFT SIDE OF MY BODY IS NUMB, MOOD SWINGS-KINDA BAD LIKE IM CRAZY LOL... USE A WALKER SOMETIMES, BUT NEED A FOUR PRONGED CANE ALWAYS I HAVENT DRIVIN ANYWHERE FOR ABOUT 7 MONTHS NOW BC IM TOO SCARED BC MY VERTIGO COMES ON W/ NO WARNING OFTEN.

[cherylllong]

ltd benefits

I started working 1/2012, diagnosed in 3/12 wih MS was covered by std and ltd in 2/12 they paid me with std until 7/12 but denied ltd. I have had 2 relaspes of hospitalization, numb on right side, chronic vertigo, pain, confusion, memory loss and depression. I applied for ssi still waiting, and no money, about to lose home, car and everything, cannot work, cant retain information, a worthless masters degree, and 30 years of employment and now when I need help

[diomed]

I started working 1/2012, diagnosed in 3/12 wih MS was covered by std and ltd in 2/12 they paid me with std until 7/12 but denied ltd. I have had 2 relaspes of hospitalization, numb on right side, chronic vertigo, pain, confusion, memory loss and depression. I applied for ssi still waiting, and no money, about to lose home, car and everything, cannot work, cant retain information, a worthless masters degree, and 30 years of employment and now when I need help

Make sure you get a Residual Functional Capacity form filled out by a Physical Therapist. There is also a form form for mental capacity too. I believe that has to be filled out by a mental health professional. These forms should help the first application go through easier. Good luck. Read my Rant thread.

[cherylllong]

Best Help

This is the kind of information that is really and truly helpful to me. Thanks Bunches

[Rich Feingold]

Hi, everyone. A couple of points here. Monicanivens123, you should check your summary plan document regarding your LTD benefits. Even speak with your lawyer regarding its terms if he or she is willing and able to assist in that regard.

The standard of proof for disability may be different for Social Security than your disability plan. For example, with Social Security, you may have to prove that you cannot perform any work, however, with your LTD plan, the proof may not as strict.

Concerning residual functional capacity evaluation forms, the Social Security Administration generally gives more weight to the opinion of an "acceptable treating source" (e.g., an M.D., D.O., Ph.D., Psy.D.), so there may be an issue of how much weight to give to the opinion of a physical therapist. SSA in one of its, Rulings, however, does indicate that in some circumstances, the opinion of a non-acceptable treating source, may outweigh the opinion of an acceptable treating source. This is an important issue for representatives to keep in mind when representing claimants. This is from Social Security Ruling 06-03p, "SSR 06-03p: Titles II and XVI: Considering Opinions and Other Evidence from Sources Who Are Not “Acceptable Medical Sources” in Disability Claims; Considering Decisions on Disability by Other Governmental and Nongovernmental Agencies."

Certainly that you've had such a large number of recent lapses is important, Monicanivens123, and I wish you the best of luck in your claim.

Rich