Announcement

Collapse
No announcement yet.

SSDI during STD/LTD process

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    SSDI during STD/LTD process

    Can you start the SSDI claim while on STD through work?
    To help speed the up the process to obtain Medicare?

    Thanks.

    #2
    SSDI is an independent process from your employer or independent STD/LTD. You can start the process, just need to follow SSDI process rules.

    Lots of luck to you.
    Kathy
    DX 01/06, currently on Tysabri

    Comment


      #3
      Originally posted by bluegiraffe View Post
      Can you start the SSDI claim while on STD through work?
      To help speed the up the process to obtain Medicare?
      The LTD company didn't assign you to a law firm to help you file for SSDI? Normally, LTD companies help you qualify for SSDI so they can offset their payout with government funds.

      Contact your LTD case worker and ask if they provide such a service.

      Comment


        #4
        Originally posted by Marco View Post
        The LTD company didn't assign you to a law firm to help you file for SSDI? Normally, LTD companies help you qualify for SSDI so they can offset their payout with government funds.

        Contact your LTD case worker and ask if they provide such a service.
        My LTD company did not, because they denied my LTD. Only after successful appeal did they offer, but by that time, I had a lawyer for SSDI, so they couldn't get involved.

        While on STD, this is usually separate from LTD and STD can be insurer or self insured. STD management won't get involved in SSDI.
        Kathy
        DX 01/06, currently on Tysabri

        Comment


          #5
          Originally posted by pennstater View Post
          My LTD company did not, because they denied my LTD. Only after successful appeal did they offer, but by that time, I had a lawyer for SSDI, so they couldn't get involved.

          While on STD, this is usually separate from LTD and STD can be insurer or self insured. STD management won't get involved in SSDI.
          You are correct. Medicare eligibility gets backdated to the day of disability so when STD starts. So I don't see much value in starting SSDI paperwork while on STD. Once you start LTD, most companies provide legal assistance to help get you approved.

          The law firms used by LTD are masters in getting SSDI approved. I did a two hour phone interview with a paralegal/nurse, submitted a few forms and was approved about 6 weeks later. It would have taken me 6 weeks to struggle with all the paperwork.

          Comment


            #6
            Marco,
            Thanks for the information, I have not yet started the STD process, planning to do it soon and yes I am aware that after I go on LTD they will initiate the SSDI process

            Because I want to speed up the Medicare process that's why am asking the question if I'm best to start it right away and get the two-year wait period going. Are you saying that that The two year wait. Will start after I am approved with STD? I always thought the two-year waiting period was after you receive SSDI?

            Maybe Jamie can step in and confirm as well. Also is any of this based on state versus federal laws?

            Thanks.

            Comment


              #7
              I believe the entire wait is actually no less than 30 months from the date of disability. The first 5 months starts from the date of disability, in your case short term disability. At the beginning of the 6th month is the first time you are eligible for SSDI and when the 24 month wait can begin.

              That's also when most short term disability plans potentially convert to long term disability and you get assigned a disability law firm to help you file. Once approved for SSDI, they backdate your 24 month window to the date you filed. For me, the law firm filed within one week of eligibility so there was virtually no delay.

              Comment


                #8
                Caution: even though the LTD company will offer to do the SSDI paperwork for free, you are giving them information and access to even more information that they would not normally get to see. They may use this against you in the future. My LTD company paid an outside disability attorney his fee so it cost me no more but safeguarded my privacy. You do not want your LTD company to have access to your SSDI records other than the amount of money awarded. The site volunteer attorney will do a great job for you and probably at no higher cost.

                Comment


                  #9
                  Great discussion! I have a couple of clarifications to add.

                  (1) Medicare: There is a 29 month waiting period for Medicare from the date you became disabled. As such, if you leave work in January 2018, it doesn't matter if you apply in February 2018 or January 2019, as Medicare will look to the date you became disabled (likely the date you left work) to start the 29 month waiting period. There are some small exceptions to this rule, but it applies in 95% of cases.
                  (2) SSDI Representation: If you are approved for long term disability, your insurer will almost universally pay for your SSDI representation. They will not tell you, however, that you can pick your representative, and need not use their 'captured' representative.

                  What is the risk of using their captured representative? I'll list several concerns in a moment, but this morally questionable tactic is emblematic of the conflict of interest experienced by the captured representatives: perhaps the largest of these groups has all claimants sign a release that allows the representative check their bank account multiple times per day looking for a large deposit from the SSA. If such a deposit occurs, the release allows the representative to pull these funds and give them to the insurance company without speaking with you. In fact, this is a major portion of this group's advertising to the insurers (I've been in the room when this pitch is made). If they didn't do this, you could likely negotiate a payment plan with the insurer to allow you to catch up on your bills after approval.

                  Furthermore, (1) you may not meet your attorney until the day of the hearing, (2) your representative at the hearing may not be an attorney, (3) many of these firms have information-sharing agreements with the insurers that are not in your best interest, and (4) these firms agree to charge the insurer a below-market rate which requires barebones services to achieve profitability.

                  I'm likely biased against these providers, but I've also seen enough clients harmed by their levels of service and conflict of interest to recommend high levels of caution when using their services. Take my comments (and theirs!) with a grain of salt, and do your homework before hiring any counsel in these important matters!
                  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.**

                  Comment


                    #10
                    Thanks for the information. I'm not sure I understand what would eliminate the risk. If the LTD insurance is going to assist with getting SSDI, is it just a matter of making sure you don't sign a document that enables them to check your deposits and pull funds?

                    I'm fairly certain the LTD insurer will assist with the SSDI paperwork, what should I look for to ensure the risk doesn't exist?

                    Thanks.

                    Originally posted by TheMSLawyer View Post
                    Great discussion! I have a couple of clarifications to add.

                    (1) Medicare: There is a 29 month waiting period for Medicare from the date you became disabled. As such, if you leave work in January 2018, it doesn't matter if you apply in February 2018 or January 2019, as Medicare will look to the date you became disabled (likely the date you left work) to start the 29 month waiting period. There are some small exceptions to this rule, but it applies in 95% of cases.
                    (2) SSDI Representation: If you are approved for long term disability, your insurer will almost universally pay for your SSDI representation. They will not tell you, however, that you can pick your representative, and need not use their 'captured' representative.

                    What is the risk of using their captured representative? I'll list several concerns in a moment, but this morally questionable tactic is emblematic of the conflict of interest experienced by the captured representatives: perhaps the largest of these groups has all claimants sign a release that allows the representative check their bank account multiple times per day looking for a large deposit from the SSA. If such a deposit occurs, the release allows the representative to pull these funds and give them to the insurance company without speaking with you. In fact, this is a major portion of this group's advertising to the insurers (I've been in the room when this pitch is made). If they didn't do this, you could likely negotiate a payment plan with the insurer to allow you to catch up on your bills after approval.

                    Furthermore, (1) you may not meet your attorney until the day of the hearing, (2) your representative at the hearing may not be an attorney, (3) many of these firms have information-sharing agreements with the insurers that are not in your best interest, and (4) these firms agree to charge the insurer a below-market rate which requires barebones services to achieve profitability.

                    I'm likely biased against these providers, but I've also seen enough clients harmed by their levels of service and conflict of interest to recommend high levels of caution when using their services. Take my comments (and theirs!) with a grain of salt, and do your homework before hiring any counsel in these important matters!

                    Comment


                      #11
                      Simply put, the risk is that the insurer-obtained representation in your Social Security Disability claim may have mixed-loyalties and may be operating with an insufficient budget. An attorney you obtain yourself will have no such conflict of interest. Considering that your insurer will almost universally pay for whichever representative you select, there is no reason to take this risk.

                      Nevertheless, should you choose to proceed with the insurer's recommended service, you should be an informed consumer. As with attorneys in all matters, you should ensure that your attorney knows the area of law, that they are experienced in litigative cases involving your specific condition(s), that they are responsive to your inquiries, and that you actually know and can speak with the representative that will be attending the hearing.

                      There is no doubt that some on this message board will have had good experiences with insurer-recommended counsel, and conversely that some will have had bad experiences with privately obtained counsel. These potential conflicts are something, however, that you should weigh as an educated consumer.
                      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.**

                      Comment


                        #12
                        Thank you for the clarification Jamie.

                        Comment

                        Working...
                        X