Long Term Disability Questions

Do I have a case for long term disability?

If you have been denied already you shouldn't assume you cannot get disability. Almost 2/3rds of initial claims for SSI are denied on first application. The only way to tell if you are likely to collect is by a review of your medical records from an experienced advocate. Many claims are denied at first because the paperwork was filled out incorrectly or incompletely. If you have a real disability, you deserve compensation.

For private disability policies, the battle may not be to get some award, but to get the highest award you are entitled to. Policies may pay a percentage based on how much work you are determined to be able to perform and you may have to prove your limitations.

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What can I collect if I win a disability case?

There are two objectives in a disability case. The first is to get you the amount of money you are properly entitled to and the second is to recover money already owed. Attorney fees are collected from this second part and cannot be more than a set amount of the award.

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Why do I have to go to so many doctor appointments to prove my case?

A disability claim is based on a claim about your health. While you can make factual statements about what you are able to do and what you cannot do, only a licensed medical professional can render an opinion about a medical condition. Documenting your health then becomes the basis for establishing  not only your current status, but your historical condition as well. Even when doctors cannot help you or your treatment doesn't change, this has to be recorded in a proper fashion.

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Why is it so difficult on Social Security disability to get past all the hurdles just to get something I deserve?

We task our government to use due diligence when they are handing out our tax dollars. No one wants to support a fraudulent claim. Unfortunately, this means that the real claims are stuck in a knot of confusing paperwork and deadlines. From the point of view of someone with a legitimate claim, the process is stressful and takes far too long. The system seems broken. It certainly is overwhelmed with claims and under-resourced. But the law requires a certain stepwise process that must be followed.

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How can an attorney help speed up the process?

Besides making sure your claim is well supported and filed correctly, an attorney who handles disability cases has the ability to represent you at a key step – before a judge ruling on your case. Not all claims are taken this far, but when they are, the case is dealt with in much the same fashion as any civil lawsuit. You will have the chance to call experts to testify on your behalf and the government will have to justify its ruling. In this battle of experts an attorney is a great asset.

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What does "disabled" mean for a disability case?

To fall under the definition of disabled, a person must have impairment serious enough that it limits their ability to work. This can be psychological, physical, or medical in type. The impairment must keep them from earning above a certain amount for at least a year.

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Can I work while collecting my long-term disability payments?

Yes. Benefits are pro-rated based on the income you get from working. The assumption is that you cannot work at the same job as before or make the same amount of wages. For this reason, you can usually earn up to 20% of your ‘old' wage before benefits are reduced. Note that how much you work isn't based on hours, but how much you actually earn compared to what you used to make. If your earnings while disabled reach 80% or more of your old wage, it is unlikely you will still be considered disabled.

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Will I still have to pay disability premiums if I am approved and collecting payments?

Most policies have a condition that premiums are waived after three months on disability.

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How do people pay their bills while waiting for an SSI disability claim to be approved?

There can be an extended amount of time between filing and approval. The appeals process cannot be skipped and there is no certain way to move to the head of the line. The best strategy is to limit your bills as much as possible immediately and prepare for a long haul. When you have very little or no income coming in, you should seek out other benefits you may be eligible for, including food stamps or emergency relief. Others in the household may have to find work to make ends meet. This is a difficult time for all concerned.

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Can I still work while collecting disability?

Yes. You will not be able to work full time but you can work for up to 20% of your disability income. If you work more than that, your award will be reduced in proportion. The monthly income limits for SS disability are adjusted periodically, but as of 2010, they were set at $900.00.

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Why do they say I can work when I cannot do my old job?

Just because your physical condition doesn't allow you to perform your old job, that doesn't mean you cannot work at all. You may be able to handle other work.

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How much does private long term disability insurance pay?

It depends on the policy, but usually 50 – 60% of your base pay. This would not include overtime or benefits.

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