Friday, May 20, 2022

Can You Collect Long Term Disability And Social Security

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Returning To Work With Changes To Your Schedule

Can I apply for Social Security Disability while on short term disability

You should immediately notify your manager if your physician has certified that you are able to return to work, but that you are:

  • no longer able to carry out the duties of the position
  • in a rehabilitation program
  • recommended for a reintegration process
  • not able to return to work on a full time basis

The Exception To The Rule

You may be able to get both benefits if you opted for early retirement before you received disability benefits. These are also known an concurrent benefits. This exception would be applicable in a situation where an individual retired early due to serious medical conditions. If that individual can prove that they developed the disability prior to receiving early retirement income, theyll be able to earn both benefits.

Myth: Once You’re On Ssdi You’re On It For Life

You may be, but it’s not automatic. According to the Social Security Administration, your medical condition will be reviewed periodically. If your condition is expected to improve, the first review is typically 6 to 18 months after the date you first became disabled. If improvement is possible but unpredictable, the reviews are usually done every three years. If youre not expected to improve, reviews are typically done every seven years.

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Why Checking The Policy Is Vital

Of course, it is important to remember that every long-term disability insurance policy is different and not every policy will contain an offset provision. In some cases, the policy will be drafted in such a way that the insurance company will not be able to recover your SSDI benefits. There may also be a defense to paying back the benefits. You may also be able to negotiate a partial rather than a full repayment, allowing you to keep some of your Social Security lump sum award.

Before you sign paperwork or agree to pay back a portion of your SSDI benefits, consult with an experienced Philadelphia disability benefits lawyer. Your attorney can review both your LTD claim and your SSDI claims, and can counsel you on your obligations with respect to your benefits if both are approved.

If You Go Back To Work

Can You Collect Social Security Disability and Workers ...

If you’re like most people, you would rather work than try to live on disability benefits.

There are special rules that help you keep your cash benefits and Medicare while you test your ability to work. We call these rules “work incentives.” For more information about Social Security work incentives, read Working While Disabled: How We Can Help.

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Long Term Disability Insurance

Available through the workplace, this coverage helps maintain your standard of living if youre unable to earn a paycheck due to an accident or illness

Covers essential living expenses: can help pay for food, clothing, utilities, your mortgage, car payments and more

Direct monthly payments: receive a portion of your salary paid directly to you each month if youre unable to work

Rehab incentives: coverage may include financial incentives designed to help you transition back to work

Easy claims filing: report claims online or by phone

Competitive rates: this group coverage is offered only through your employer

For complete plan details, talk to your companys benefits administrator.

Duration: 2:18

Health Coverage For People With Disabilities

If you have a disability, you have three options for health coverage through the government.

  • Medicaid provides free or low-cost medical benefits to people with disabilities. Learn about eligibility and how to apply.

  • Medicare provides medical health insurance to people under 65 with certain disabilities and any age with end-stage renal disease . Learn about eligibility, how to apply and coverage.

  • Affordable Care Act Marketplace offers options to people who have a disability, dont qualify for disability benefits, and need health coverage. Learn about the .

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Do I Have To Pay Back My Long

Developing a disability can be a stressful time for you and your family. Fortunately, if you have long-term disability insurance through your employer, or even a policy that you purchased yourself, you have access to a percentage of your monthly earnings in the event that you cannot return to work. While these benefits will be paid to you on a month-to-month basis if your claim is approved, there are certain situations in which you may have to pay back the insurance company for long-term disability benefits you have received. This is typically referred to as an overpayment. We will discuss some of the most common overpayments below.

Long Term Disability Insurance Vs Social Security

Can I collect Social Security disability, long-term disability, and workers’ compensation

The ability to work and earn an income is something many people take for granted but perhaps shouldnt: the Social Security Administration estimates one in four 20-year-olds will experience a disability for 90 days or more before they reach age 67.1 Thats why the government provides Social Security Disability Insurance , which is paid for by Social Security taxes.

Like other forms of disability insurance also known as disability income insurance it can give you income to live on if you become disabled. But theres a lot of confusion about SSDI and other kinds of disability benefits. This article can help by answering three key questions:

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Will I Have To File A Claim In Order To Receive Long Term Disability Benefits

Yes, if you want to receive long term disability benefits it is required that you file a claim. Depending on where you are receiving your disability insurance consult your employer benefits booklet or your own private insurance policy. If you are receiving coverage from your employer contact your company for instructions on how to file your claim. Otherwise contact your insurance provider. Either way you will be required to fill out a claims form which will be provided to you by your employer or your insurance company.

Can You Collect Both Ssdi And Long

As a general rule, you can collect both SSDI benefits and LTD benefits. In fact, many long-term disability insurance companies require anyone who receives benefits to apply for SSDI as well. However, if you are applying for or currently receiving SSDI, you are not required to apply for LTD benefits.

Most LTD insurance policies contain a specific clause that mandates that beneficiaries will apply for Social Security disability benefits within a specific timeframe. For example, some LTD insurance carriers require claimants to apply for SSDI within one year of receiving disability benefits.

If you are approved for SSDI, you probably wont be allowed to double-dip, or be paid the full amount of benefits by both the SSA and the insurance company. Instead, your insurer will offset the amount of SSDI benefits from your LTD payments. The combination of SSDI and LTD benefits will then equal the LTD benefits you got before qualifying for Social Security disability.

Getting LTD benefits will not affect your SSDI application process or the benefit amount. If you receive workers compensation or other public disability benefits, this may reduce the amount of SSDI that you receive. Disability insurance benefits such as those provided through an LTD policy will not impact your Social Security disability payments.

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Myths And Facts About Social Security Disability Insurance

Here’s what you should know if you’re applying to Social Security for long-term disability due to a medical condition.


If your health is so severely impaired that you cannot work, you may have considered applying for Social Security disability insurance , a federal program designed to provide long-term financial protection for those who’ve paid into the program as working adults.

If you’ve been reluctant to apply for SSDI because of horror stories about mountains of paperwork, denials, and long waiting periods for your first check, take heart: Many of these tales are simply myths. And help for the application process is available much of it for free.

To help you sort the myths from the facts, we consulted a Social Security spokesperson, a lawyer who handles Social Security disability cases, and a patient advocate.

Is Disability Insurance Taxable Is Short Term Disability Taxable Income

How Social Security Disability Affects Long Term ...

The answer to the question are disability payments taxable? is this How disability payments are taxed depends on the source of the disability income. The answer will change depending on whether the payments are from a disability insurance policy, employer-sponsored disability insurance policy, a workers compensation plan, or Social Security disability.

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Benefits For Disabled Widows Or Widowers

If something happens to a worker, benefits may be payable to their widow, widower, or surviving divorced spouse with a disability if the following conditions are met:

  • The widow, widower, or surviving divorced spouse is between ages 50 and 60.
  • The widow, widower, or surviving divorced spouse has a medical condition that meets the definition of disability for adults and the disability started before or within seven years of the worker’s death.

Widows, widowers, and surviving divorced spouses cannot apply online for survivors benefits. However, if they want to apply for these benefits, they should contact Social Security immediately at 1-800-772-1213 to request an appointment

To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.

We use the same definition of disability for widows and widowers as we do for workers.

Group Disability Insurance Policies

If you are one of the millions of Americans with an employer-provided long-term disability insurance policy, then the taxability of the benefits would be based on who pays the premiums.

If the employee pays the premiums using after-tax income, benefits are tax-free. However, if the employer pays the premiums, benefits are taxable. If you and your employer split the premium costs, you will also split the tax liability.

This means that only the benefits that can be attributed to the employer-paid portion of the premium are taxable, while benefits attributed to your premiumpaid with after-tax dollarsare tax-free.

However, taxability differs if youthe employeeuse pre-tax dollars to pay your portion of the premiums. For example, if you use money earmarked in a medical reimbursement or cafeteria plan to fund the premium, your disability benefits are taxable.

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When Until Retirement Age Is The Right Benefit Period

Having long-term disability insurance cover you until retirement age is particularly good for certain professions. Specialty professions that rely on a particular set of skills, like doctors, dentists, or nurses who need fine motor skills for procedures, benefit from until-retirement long-term disability insurance as a safeguard against future income loss if their disability prevents them from using those skills.

Additionally, professions where youâll have accrued a lot of debt â again, like doctors with medical school debt â can benefit from from long benefit periods so you can still pay off your debt even if you canât continue in your expected career .

If you can afford the modest rate increase, springing for a long-term disability insurance policy that will last until retirement is a good option.

Whatever you opt for in your specific policy, make sure you understand exactly how long your long-term disability insurance benefits will be in place. If you reduce the potential for unknowns, itâll make a difficult time go that much smoother.

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How A New Jersey Disability Benefits Lawyer Can Help

Can I collect Social Security, Long Term Disability and Worker’s Compensation all at the same time?

Most of us dont consider the possibility of being unable to work because of a disability. If you find yourself in this position, you may not know what to do next. At Bross & Frankel, we are here to help.

Our law firm is dedicated to advocating for people with disabilities and helping them get the compensation that they need to move forward with their lives. With offices in both New Jersey and Pennsylvania, we offer free disability claim reviews to all prospective clients. To learn more or to schedule a free consultation with a New Jersey disability attorney, call us at , or fill out our online contact form online.

Speak with an experienced disability lawyer about your claim today.

  • Social Security Disability / SSI Claims
  • Veterans Disability Compensation & Pension
  • Long Term Disability Claims / ERISA Benefits
  • Workers Compensation Claims

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Short And Long Term Disability

Employees have option to enroll in Short and/or Long Term Disability coverage on themselves only through The Standard.

Short-Term Disability With The Standard

If you choose short-term disability coverage, this plan will work with other income benefits to replace 60% of your Benefit Salary up to $1,000 per week. If you receive other benefits, that total 60% of your Benefit Salary, the short-term disability plan will not pay for this disability.

Available Options

  • Seven Day Benefit Waiting Period
  • Thirty Day Benefit Waiting Period

Enrolling For Short-Term Disability Coverage

Your premiums will be based on your coverage level and Benefit Salary. Since you pay for this coverage with after-tax premiums, you wont pay taxes on the benefits you receive. Short-Term disability does not pay while you are using accrued sick leave but will pay while on annual/compensatory leave or while on leave without pay.

Long-Term Disability With the Standard

The Flexible Benefits Programs Long-Term Disability coverage works with other benefits you are eligible to receive, including Social Security, workers compensation, other disability plans and programs, including the State retirement systems. The plan assures that your combined disability benefits from all these sources will equal 60% of your Benefit Salary up to $4,000 a month.

How Long LTD Benefits May Be Payable

Enrolling For Long-Term Disability Coverage

Detailed plan information can be found in the FlexibleBenefit Rate Chart

Long Term Disability And Its Benefits

Long Term Disability can be used following Short Term Disability plans or alone.

Long Term Disability coverage provides wage replacement that is between 50-70% percent of your earnings before a non-work related injury impacted your ability to work.

If a LTD plan is offered through your employer, it is very important to sign up during the initial enrollment period, when you cannot be denied coverage for a pre-existing condition. Read the plan summary for definitions detailing what is covered as well as specific details required by your plan.

Most LTD plans include a waiting period that lasts from 3-26 weeks, which coincides with the length of time you can be paid for STD benefits, before you are eligible to begin receiving LTD benefits.

In order to continue to qualify for benefits detailed medical information must be provided to the LTD carrier initially and then throughout the life of the claim as requested. Failure to do so will result in termination of your benefit. If you are considered disabled longer than 90 days, most policies do not require you to continue paying premiums.

Most LTD policies have two definitions of disability: Own Occupation and Any Occupation.

  • During the Own Occupation period, benefits are payable if the employee is unable to perform his or her regular job or a similar job. This period can last up to two years.

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How Can A Disability Attorney Help You Understand Long Term Disability Vs Social Security Disability

When reviewing long term disability vs social security disability, its important to understand that LTD benefits and SSDI benefits often go hand-in-hand. Disabled individuals often simultaneously benefit from both benefit types of benefits.

To help understand long term disability vs social security disability contact our office today. We can also discuss your obligation to apply for SSDI benefits, how your benefit amount might be affected, how dependents can change your LTD offset, and what to do with your Social Security back pay, you need an attorney. Attorneys who handle both types of disability benefit claims can tell you what you need to know about long term disability vs social security disability.

The attorneys at ARM Lawyers, can also help you apply for both LTD and SSDI benefits and help you to appeal a denied claim. If youre ready to learn more about the types of disability benefits that may be available to you, call us now at .

Benefits For A Disabled Child


A child under age 18 may be disabled, but we don’t need to consider the child’s disability when deciding if he or she qualifies for benefits as a dependent. The child’s benefits normally stop at age 18 unless he or she is a full-time student in an elementary or high school or is disabled.

Children who were receiving benefits as a minor child on a parents Social Security record may be eligible to continue receiving benefits on that parents record upon reaching age 18 if they are disabled.

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Shifting Definition Of Disability After 24 Months

Many LTD policies contain a provision that changes the meaning of “disability” after 24 months. Initially, disability can be defined as “the inability to perform your own occupation” due to a physical or psychological impairment. When 24 months have elapsed, the definition of disability can narrow to “the inability to perform any occupation.” That means that if you’re medically capable of performing virtually any job that exists in the economy, your LTD benefits may be terminated. This determination usually doesn’t take into account whether such jobs are available, only that they exist.

Is Your Condition Found In The List Of Disabling Conditions

For each of the major body systems, we maintain a list of medical conditions that we consider severe enough that it prevents a person from doing substantial gainful activity. If your condition is not on the list, we have to decide if it is as severe as a medical condition that is on the list. If it is, we will find that you are disabled. If it is not, we then go to Step 4.

We have two initiatives designed to expedite our processing of new disability claims:

  • Compassionate Allowances: Certain cases that usually qualify for disability can be allowed as soon as the diagnosis is confirmed. Examples include acute leukemia, Lou Gehrigs disease , and pancreatic cancer.
  • Quick Disability Determinations: We use sophisticated computer screening to identify cases with a high probability of allowance.

For more information about our disability claims process, visit our Benefits For People With Disabilities website.

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