Saturday, October 26, 2019

A GOLDMINE (MIRACLE) FOR DISABLED PERSONS WAITING ON SOCIAL SECURITY

Social Security and the US government do not have any short-term or temporary relief for disabled persons while they try to get approved for disability benefits.

You must wait through the long, arduous Social Security application process before you can receive a check.  And that process may take up to 2 years, or more.

However, many workers have a "goldmine" in disability benefits that they may not be aware of, just waiting to be discovered.

I'm talking about your employer's short term and long term disability insurance plans.  Many employers, especially the larger ones, buy a group disability policy from an insurance company and cover the employees of the company.  The company's personnel director or director of human resources is the one who will now about this plan, if it exists.

Here are some typical (common) points about employer's disability insurance plans.  Keep in mind, I haven't seen your plan; therefore, I don't know what your policy provides, so I am speaking only in terms of what is common or often seen.  Don't rely on what I say here; go and see your company's human resource director.

1.   Employer's disability plans are usually purchased by the employer from a private insurance company--not from the government.

2.  Employer's will have different eligibility requirements that must be met before an employee can become covered under the plan.  For example, some companies require you to work at the company for 90 days before you are covered.  This varies from company to company.

3.  If you become disabled while employed at the company, you will generally be placed on "Short-Term disability" (STD) for a period of 3 to 6 months.  Then, if you remain unable to go back to work, you may ask for "Long-Term Disability" (LTD). 

4.  Your doctor must help you to qualify for STD/LTD by completing forms and/or doing an examination.

5.  When you are approved, your employer's insurance company begins to pay you a reduced portion of your wages or salary, typically 60 to 80 percent of your normal wages.

6.  When you are approved for STD or LTD the insurance company will usually require you to file for Social Security disability.

7.  When you are finally approved for Social Security disability (SSDI), the insurance company will usually reduce their payment by the amount of the SSDI award, according to the terms of their contract with your employer.

For example, if the LTD insurance payment is $2,400 per month and your SSDI benefit is $2,000 per month, the insurance company's payment will be reduced to $400 per month (the difference between $2,400 and $2,000).

As I stated, I have not seen anyone's insurance contract or policy, so the facts of your case may be different.  What I am quoting here is what is common or typical in may cases.  Your case certainly may be different.  Again, talk to your company's human resource director to find out about your company's provisions.

Try to find out if you can qualify for STD or LTD with your company's plan BEFORE you quit work or get terminated.  

It just may be that your employer's STD or LTD insurance benefits will pay you while you wait months, or years, to get Social Security disability benefits started.

If you have specific legal questions about your insurance provisions or problems, you should contact a licensed attorney in your state for advice.  Those questions are quite different than those handled in Social Security disability disputes.




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