I was turn down for long term disabilty paid by my employer..however I have recently been approved for ssdi. What to do??

Asked almost 2 years ago - Grundy, VA

I have been of work for 19 mo. Now, ssdi retro my benifits back to time of injury. Should I get approved for ltd now after being approved for ssdi and hoe will this affect my ssdi benifits?

Attorney answers (3)

  1. Paula Brown Sinclair

    Contributor Level 20


    Lawyers agree

    Answered . As a general rule, LTD contracts dovetail with SSDI by counting the SSDI as a credit toward the LTD benefit amount. Therefore, unless your LTD benefit is substantially larger than your SSDI benefit, there would be little or nothing to be gained by pursuing the LTD. To verify that your LTD contract contains the SSDI credit language, your interests would be well-served to consult with a local Social Security attorney who can review the LTD contract.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  2. Lawrence A Friedman

    Contributor Level 18


    Lawyers agree

    Answered . You are entitled to SSD if you meet the SS Act definition of disabled, which is pretty strict. To qualify for employer disability, you must meet the disability test per the private disability program, which probably isn't as strict as SSD. Anyway go back to the employer with your SSD approval and seek employer disability again. Employer disability doesn't reduce SSD but SSD can reduce employer disability.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law... more
  3. James C. Higgs

    Contributor Level 12


    Lawyer agrees

    Answered . I agree with the other attorneys here, I just wanted to add that most Human Resources people can reprocess LTD claims on receipt of SSDI and tell you what amount you would receive if you are granted the LTD benefits. Getting your whole file and all of this paperwork before consulting an attorney would be a huge benefit to you and the attorney to come to a complete answer to your issues.

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