Long-Term Disability and Social Security Disability Claims: Don’t Get Burned

What Are The Main Differences Between Social Security Disability (SSD) And Long-term Disability (LTD) Processes?

The primary differences lie in the timeline and benefit calculation. LTD claims are usually processed quicker, often within 30 to 45 days after short-term disability, while SSD claims can take two to three years, especially if a hearing with a judge is required. LTD benefits are typically a percentage of your pre-disability income, whereas SSD benefits are calculated based on your lifetime earnings, which usually results in a lower amount.

How Does The Application Timeline Differ Between LTD And SSD?

LTD benefits generally transition from short-term disability without much delay, often kicking in after three to six months of short-term coverage. In contrast, SSD benefits can take several months, even if approved initially, due to state processing times and procedural delays, making the wait for SSD benefits much longer.

Why Is Knowing Your LTD Benefits Important Before Leaving Work?

Understanding your LTD benefits before leaving work is crucial because it impacts your financial stability during the disability process. Engaging HR and confirming your LTD eligibility helps ensure you can access these benefits without interruption. Making uninformed decisions, like quitting abruptly, can jeopardize your LTD eligibility.

What Should You Consider Before Transitioning From Work To LTD?

Before transitioning, utilize your Family Medical Leave Act (FMLA) rights and short-term disability coverage, which usually last about 12 weeks. This step ensures income continuity before your LTD benefits commence. Carefully coordinating this transition with HR can prevent employment termination, which could jeopardize your LTD eligibility.

How Do LTD And SSD Interact During The Claims Process?

LTD policies often require you to apply for SSD, and they may offer “free” representation for your SSD claim. However, this representation is typically funded by the insurance company and might not prioritize your best interests. The LTD company benefits if you’re approved for SSD, as it reduces their payout obligations.

Why Is It Risky To Use The Ltd-provided Representative For SSD Claims?

Using the LTD-provided representative poses a conflict of interest since they are paid by the insurance company, which has a financial incentive to reduce its payout by having you approved for SSD. This arrangement might not align with your best interests, particularly concerning overpayment recovery.

How Can LTD Claims Support Your SSD Case?

LTD claims often provide detailed medical documentation and doctor support letters outlining your functional limitations, which align well with SSD requirements. These documents establish a consistent medical narrative beneficial for both claims, enhancing your chances of SSD approval.

What Should You Do If You Win Both LTD And SSD Claims?

If you win both claims, carefully review the calculation of benefits to ensure no mistakes were made, particularly in the repayment amount requested by the LTD company. Be aware that there might be scenarios where repaying the LTD company is not in your best interest, and independent legal advice is recommended.

Why Is Maintaining Medical Treatment Important During LTD And SSD Claims?

Continuing medical treatment is crucial as both LTD and SSD claims may involve ongoing reviews to assess your disability status. Consistent medical records and treatment history support your case and are necessary to sustain your benefits during these reviews.

Our firm focuses on three practice areas: Disability, Personal Injury, and Eminent Domain. Every practice area has attorneys who have expertise in their respective area of practice. 

Chad Brown is a North Carolina Board Certified Social Security disability law specialist. Mr. Brown helps Social Security disability claimants at all stages of the disability process. He also works with people that have Long Term Disability denials and with people that are injured by drugs and defective medical products.

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