When to apply for SSDI?

[pennstater]

I am now at the crossroads and trying to determine if I can keep working. My neuro seems to think it may be time to stop after a rough two years, but I will be discussing more with him next week.
I am fortunate to have STD/LTD thru work, although due to insurance carrier change for my employer’s LTD policy, I may now be excluded from LTD due to “pre-existing condition” clause. Whole other story and may need ERISA attorney for that.
I have worked 26 years and have enough credits for SSDI and have begun to pull together documentation needed. When is the right time to apply? Do I:

1. Apply ASAP since I am out of FMLA with my employer or
2. Wait until STD runs out (13 more weeks) since I am technically still employed and earning part of my salary or
3. Wait until LTD decision and if eligible, at the one year mark, per their policy, use their attorney to assist with the filing?

I know waiting until LTD decision could be risky, so it seems that after STD runs out, I should apply. That way, if LTD is denied, at least SSDI is somewhere in process. If LTD is approved and SSDI is denied, then I could use their attorney for the appeal. IF both are denied, lots of work to do to appeal
Any guidance from Rich and/or others with insight into the process is greatly appreciated.
Thanks,
Kathy

[MSW1963]

The first bit of advice usually given to anyone newly disabled is apply immediately for SSDI.

If you postpone applying for SSDI, at a certain point you loose some of the time that would otherwise apply to the 6 month waiting period. Waiting too long before applying could result is loss of payments you may have otherwise been eligible for, if memory serves me correctly. I'm paraphrasing here, maybe someone who has a better understanding of the various risk of waiting to apply for SSDI will clarify.

If your SSDI approval is a quick one, your SSDI benefit payment start date will be coordinated with the end of your STD benefit payments.

I imagine since your doc suggested that you apply, any medical statements, documentation doc submits will support a claim for disability.

Doc's medical documentation for disability includes a question concerning an expected date for patient's recovery and return to work. The expected date of recovery and return to work is something you should discuss with your doc.

With MS progression, the uncertainty of MS recovery, your age, duration of your illness and sx's that resulted in your disability, it's likely the recovery/return to work date will be 'unknown' or a similar term to indicate that resuming employment some time in the future is unlikely.

Sorry about your MS progression, and best of luck with STD, LTD and SSDI applications.

[Rich Feingold]

Hi, pennstater. A couple of points here: yes, you may need an ERISA attorney to advise you of your rights; one does not have to wait until STD runs out as receiving STD benefits is not engaging in work activity; one does not have to wait a year before applying for SSDI benefits as one's disabling impairment must have lasted or be expected to last at least a year; and whether to use their attorney is a judgment call.

By the way, MSW1963, the waiting period is 5 months, not 6 months, and in SSDI cases, if one waits over 17 months, from the alleged onset date, to apply, that is when one begins to lose potential benefits. This is because there is a 5 month waiting period and SSA will not pay benefits more than 12 months prior to the application date.

Regarding the issue of how long your impairment will last, one should discuss this with your physicians.

All the best,

Rich

[MSer102]

The waiting period is 5 months but Social Security benefits are paid the month after the benefit month. So 5 months "waiting" plus 1 month "delay" can mean that a person doesn't receive money for 6 months. If a person wants to know how long they have to wait before their monthly benefit starts the answer is 6 months so the waiting period on the calendar - the period of time they have to wait before they see their money - turns into 6 months.

[Rich Feingold]

Hello, MSer102 and everyone. When discussing the 5 month waiting period, we usually are not talking about how long one has to wait to see their money; that is a separate issue. Often, claimants do not apply the month in which their disability begins and then it can take several months for benefits to be received so by the time benefits are received the 5 month waiting period is well in the past and does not affect when a claimant will receive their benefits.

The five month waiting period applies to SSDI cases only. It commences in the month following the month of onset, unless the onset date is the first of the month, in which case the first month of the 5 month waiting period is the month of onset. The 5 month waiting period cannot commence more than 17 month prior to the SSDI application date.

I believe I posted more extensively in the not too distant past regarding the 5 month waiting period. One can search SSA's website for more information concerning this issue.

Have a great day, all.

Rich

[pennstater]

Thanks

Rich, MSW1963, MSer102,

Thanks for your responses and the clarification. I have the support of my neuro but am waiting on clarification on LTD policy from the carrier.

I may need to go back and try to stick it out until 2014. So I am working with neuro office to see how I can schedule and hang on without getting into trouble for attendance if I need to. If I don't need to go back, then I will start the SSDI process ASAP. In the interim, I am gathering all medical records and working on documentation. I am fortunate with my boss. He wants me to come back so even though FMLA out and he knows there is a chance I may not come back once remaining STD runs out, he is not posting my job.

Thanks once again. The guidance is really appreciated as I travel this unknown path.

[Rich Feingold]

Thanks, Kathy and good luck with everything.

Rich