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When to file vs short term disability?

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    When to file vs short term disability?

    I am curious about when to consider filing for ssdi. I have vision issues due to two new lesions in brain. They affect both eyes with both near and far vision. Nearly impossible to work on computers which is how my job is done. How long do I wait for improvement before knowing its time to file?

    Also, is my husband's income a factor? I am 45 and have worked since 16 years old.

    thank you for any advice!
    Kris

    #2
    Are you receiving STD benefits? If so, you MS doc is probably aware of your 'inactive' employment status via doc's 'affirmitive' statement on the STD application.

    Have you talked with your MS doc about SSDI? You will need your MS doc's support that your diagnosis is disabiling, and one you are unlikely to recover from, or that recovery is unknown. This becomes more important as the end of STD benefits approaches and there has been little or no recovery.

    Your husband's income is not a factor for making benefit determination regarding the dollar amount that is based on your employment earnings.

    There may be tax implications depending on tax filing status, or for 'other income' for example income to you from inheritance or rental income from property you own or you and spouse own jointly, but in general, SSDI income is not taxable. You should consult a qualified tax accountant for advice if other income is involved.

    Best of luck and hope your vision is restored. That is a major loss I can't begin to imagine coping with.

    Comment


      #3
      When to file for SSDI might depend on what your claim of disability consists of.

      If you are thinking of filing based on a combination of more than one kind of impairment, it might be a good idea to consult with a disability attorney to see if the combination of impairments would meet the Social Security Administration's definition(s) of disability.

      But your post mentioned only vision issues. If your claim of disability consists only of visual issues, the time to file is probably when you meet, or in a short time are expected to meet, the requirements for legal blindness. The SSA requirements are very specific and very strict. And from what you have said about your vision in other threads, it doesn't sound right now like you meet them. If there's something you left out, that could make a difference.

      I'm not saying that from a disability attorney's viewpoint. I'm saying that from my experience as a person who is visually impaired in both eyes from multiple episodes of optic neuritis. I've been over the requirements for legal blindness with my ophthalmologist and, as bad as my vision is, I don't even meet them.

      My doctor told me that he's had many patients over the years who didn't believe him when he told them they didn't meet the requirements for legal blindness and they were just shocked when SSA denied their disability claims.

      Probably the biggest clue that you don't meet the requirements for legal blindness is that your ophthalmologist would have told you, because crossing the threshold into legal blindness is a big deal. It's not something that would have slipped his mind. Of course you should have this verified by your ophthalmologist.

      The SSA's definition of legal blindness is based on measurable functions - visual acuity and visual field - and not on a list of things a person says they can't do because of their vision. So claims made purely for visual disability might be different in that way from claims made for other functions/impairments. With vision, a person either meets those requirements or they don't. Not being able to work comfortably on a computer doesn't have anything to do with the definition of legal blindness. It also doesn't mean that you are disabled because it doesn't prevent you from being able to work a different kind of job.

      An attorney might know a way to get around the requirements when a person's medical records can't demonstrate legal blindness. The SSA's published materials don't indicate that there's any way around them.

      Again, that's for disability claims based only on vision. The SSA says that visual impairments in combination with other impairments are considered differently.

      STD is a completely different issue and the insurer's requirements could be very different. Being approved for STD based on visual issues doesn't necessarily mean that you meet the SSA's requirements for legal blindness/visual disability.

      This isn't related to disability, but there's another important thing to know about legal blindness. If you are certified as being legally blind, you'll have to surrender your driver's license because, with very rare exception, the DMV doesn't allow blind people to drive.

      i wish I had better news for you. But my own case has demonstrated that people usually aren't aware of what the disability requirements for vision are and how bad vision actually has to be to meet them.

      Comment


        #4
        I am starting on STD. I was just curious abiut timing. I do have other disabilities from MS but this is the first that has interfered with me working. I am hopeful this clears up and I can return to work.
        I am starting process for new treatment- tysabri, to see if that helps.
        Again, thank you for your input!
        Kris

        Comment


          #5
          I left work 4 yrs ago on STD, then LTD, then applied for SSDI. That has no bearing on husbands income.

          SSDI can take time so I recommend applying while on STD or LTD so u have some income.

          Comment


            #6
            How do you apply for short term disability or LTD ..? Can you get unemployment or does your work have to lay you off to do so???

            Comment


              #7
              Janet,

              STD & LTD are employer sponsored benefits. When they kick in and how you apply would vary by employer. They are optional benefits that if offered, are governed under ERISA laws.

              Unemployment benefits are not based on disability. They come into play if you are let go by your employer, but not if you are fired for cause or if you quit.
              Kathy
              DX 01/06, currently on Tysabri

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