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Diagnosed Prior to Hire Disability Question

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    Diagnosed Prior to Hire Disability Question

    I worked for 10 years as an actuary for an insurance company after college. I then stayed at home to raise our children for 15 years. In 2011, I decided to start working on my high school math teaching degree. I was diagnosed with MS in 2012, but started teaching in 2014 (I was still doing very well). I was being treating by a DMD at the time of hire.

    I have now been teaching for 4 years, and this will most likely have to be my last (MS is not doing a very good job on me, and have transitioned into Secondary Progressive). I have about 7 months available sick time and STD. I don’t think I qualify for SSDI because I haven’t been working continuously for the most recent 10 years. My LTD policy has a 3/12 look back, but pays to retirement (I am 52). My question is – do I have any long term disability options?

    Thanks.

    #2
    I think each state maintains a Teacher Retirement System, versus participation in the SSA retirement system. Contributions are made to respective state teacher retirement programs and are administered according to respective state mandates.

    If by any chance you are able to meet the look back period in the LTD policy, assuming all other eligibility requirements are met, it would provide disability benefits through normal retirement age.

    Often there is coordination with various benefits eligibility periods. Whether coordination with the LTD look back period is coordinated with disability benefits eligibility under the Teacher Retirement system may be worth looking into.

    Also, there is/was a thread for Teacher Retirement here on the MS World Forums.

    Wishing you the best and take care

    Comment


      #3
      Thank you - and you are right. I forgot about the SSDI and the Teacher's Retirement Board. Unfortunately, in our state, I have to work for 5 years to even get the minimum benefit of 15% (I have worked 4). So, I guess my original question falls to Jamie or hiring an attorney for the pre-existing condition exclusion in my group LTD policy.

      Comment


        #4
        A couple items come to mind...

        First, you are close to meeting the earnings threshold for SSDI (and please keep in mind that I am heavily simplifying the requirements). You must show sufficient work over your lifetime (which you likely have, it's a low bar) and that have you worked at a sufficient level for five of the previous 10 years. This level is only approximately $6,000 of earnings per year. As, such, if you returned to work in mid-2014, and end in mid-2018, that would be five years of work (assuming you earned over $6,000 each calendar year). In essence, don't ignore the potential for an SSDI claim. In the past, many of my teacher clients have been able to pursue claims while they were collecting sick pay or on medical sabbatical, as long as they are not physically working. Due to the complexity of these issues, you'll likely want to get counsel at the initial filing for SSDI to be sure the proper timelines and arguments are presented from day one.

        As to long term disability, most policies do have a look back clause like yours, but the specific wording of the clause determines how far the look back extends and how it is applied. Importantly, some policies only apply this language if you leave work due to your condition in the first XX months you are covered under the policy. You're welcome to contact me off list to discuss further, but the analysis will extend beyond that which can be reliably conducted on a chat board.

        Regardless, best of luck moving forward. You're planning ahead for you and your family, which is a tremendous first step.

        -Jamie
        Attorney Jamie R. Hall's practice is focused on assisting individuals with claims and appeals for Social Security Disability and Long Term Disability benefits. He has assisted claimants nationwide, approximately half of whom are MS patients, from his Pennsylvania and Ohio locations. **No attorney/client relationship is created by this communication, and information provided herein is not a substitute for formal advisement.**

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          #5
          Thank you!

          Thank you, Jamie. I will definitely get in-state counsel to pursue this! I do appreciate your feedback - it gives me a good idea of where to start!

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