LTD denial

[Mieraus]

I went on LTD thru my workplace. They encouraged me to fill for SsDI after unsuccessful return to work.i was approved, theLTD benefit can continue till age 66. They pay small difference between SSDI and work age. After 2 years they have determined that even tho I can't do my reg job I can get a job with is more sedentary for the same pay. I have 180 days to fight this. Has anyone else challenged a LTD decision? I am not sure the stress is worth it.bgetting a lawyer would take a Hugh chunk of what I might get. Also are LTD benefits taxable?tx

[MSW1963]

You should immediately notify the insurer that you contest the denial of LTD continued benefits. Your LTD policy provision for the 2yr limitation for 'employment at your current occupation' has expired and your policy is in the 'any occupation' provision of the policy. This is insurance SOP=Standard Operating Procedure, hoping that you will not contest the denied claim.

Immediately following notifying your insurer, you should contact your local chapter of the National Multiple Sclerosis Society for a referral to an ERISA/LTD attorney to represent you and help reinstate your benefit payments.

I don't know the SSDI offset amount involved in your LTD policy, so it's impossible for me to encourage you to persue this or not. I do feel that you earned these benefits, and you are entitled to get every cent you worked for. Also insurers rely on sick people who they know won't challange the 2yr limit. It's calculated into their profit model and the LTD premium rates.

Generally speaking, LTD benefits are taxable if your employer paid 100% of the premium amount.

In the event you purchased the LTD policy and paid the premiums via pre-tax payroll deduction, (because you participated in a Cafateria Plan or Sec. 125 plan), the benefit amount is taxable to you.

If you paid the LTD premiums via payroll deduction with after tax income, the benefit amount is not taxable to you.

You should consult a tax advisor/accountant about your specific income for accurate tax advice.

[Rich Feingold]

Hi, Mieraus and MSW1963. I would speak with your tax adviser/accountant not only about specific questions you have concerning the taxability of LTD benefits, but also general questions. The information posted in this message board, should not be relied upon as advise for your particular situation, Mieraus.

Have you searched IRS's website concerning the taxability of LTD benefits, Mieraus. Here is one link I found, for example: http://www.irs.gov/Help-&-Resources/...nce-Proceeds-1.

As you can see, nothing seems easy in the law; that is one thing I've learned. You've got to dot your i's and cross your t's.

Concerning your remarks about the stress of contesting your LTD benefits, yes, it may be stressful. But do talk to an attorney who concentrates in ERISA matters. AARP also has resources for finding an ERISA attorney. It is your choice whether to proceed.

All the best,

Rich

[kelm10]

MS symptoms

Ms has many symptoms for many of us.

If you have symptoms, such as fatigue, pain, or cognitive issues, that may prevent you from finding another job that is more sedentary.

Another person to consult is your neuro, or review your neuro's documentation of your symptoms, to see if this is supported in your case for an appeal.

Would you need a Functional Capacity Exam or Neuro psych test to support some of these issues.

IMO, don't let them get away with this with out a fight. Think of your worse MS day. Could you maintain any sustainable job going to work on that day? Just because you could do it today, doesn't mean that you could do it for the other so many days the rest of the week, month, or year.