Work With A Philadelphia Disability Benefits Lawyer
The world of Social Security disability and long-term disability insurance benefits can be complex. If you are facing a health crisis and are unable to work as a result, the stress of handling these claims and the related paperwork can be overwhelming. A Philadelphia disability benefits lawyer can help.
Since 1985, Bross & Frankel has represented clients in both long-term disability and Social Security disability cases. We work throughout Pennsylvania and New Jersey, advocating on behalf of people with disabilities to help them get the benefits that they deserve. To schedule a free claim review, contact our office today at 856-795-8880, or reach out anytime 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
What Is The Difference Between The Two Programs
You purchase long-term disability insurance from your employer or from a private insurance company. In the event you are disabled, the insurance company pays your benefit. Conversely, Social Security benefits are paid by the federal Social Security Administration. Under Social Security, there are two types of benefits: Social Security Disability Insurance and Supplemental Security Income .;
Iii Supplemental Security Income Disability Offsets
8. ;;Supplemental Security Income and Workers Comp.
In general, those receiving workers compensation are not likely to be eligible for SSI as workers compensation counts as income towards SSIs $794/mo limit and they may have over the $2,000 asset limit. Workers compensation offsets SSI the same way any other income would.
Partner Lonnie Roach Focuses his practice on ERISA long term disability law and can help you with your denied disability claim. Call 512-454-4000 for help today.
9.;; Supplemental Security Income and VA Benefits
Again, individuals who qualify for VA benefits are likely bringing in more than the SSI income limit of $735/mo. VA benefits would offset SSI benefits the same way any income would and SSI benefits will generally count as income in calculating VA benefits.
10.;; VA Benefits and Workers Comp
Because Workers Compensation claims are claims for on-the-job injuries in civilian jobs and VA benefits are for service-connected disabilities, you could not collect VA benefits and Workers Compensation for the same condition. However, it is possible to collect both at the same time for separate conditions.
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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.
Does Ssdi Provide Enough Protection
Compared to other kinds of disability insurance, SSDI has a generous benefit period. However, due to the strict any-occupation definition of disability, you wont qualify for benefits unless you suffer a catastrophic disability. That can be a problem for professionals and tradespeople who have spent years getting educational degrees and certifications that allow them to earn high wages: it could force them to accept any kind of job or forego income entirely. And even if you do qualify for SSDI, the benefit amount of just over $1,000 may not be enough for most people to live on. Thats why experts say you shouldnt rely on SSDI alone for long term disability income protection.;
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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
Can I Collect Social Security Disability And My Pension
Social Security Disability is a program that has helped many Americans make ends meet over the years when they have been unable to do so themselves due to injury, illness or disability. While it can be difficult to get approved for benefits, knowing those benefits are there and available if needed has been a game-changer for many who would otherwise be left high and dry.
For those who worked at a career a long time, but suddenly find themselves unable to work and collecting disability, not being able to end that cherished career on their own terms can be devastating. Whats more, if youve worked at a company for many years, you are probably owed some sort of pension or retirement pay. This can make many people nervous, however, wondering if a pension or other payment could interfere with their ability to collect the SSDI payments they so desperately need. A question frequently asked is whether someone can collect SSDI while at the same time collecting a pension or do those payments offset and affect each other?
SSDI and Retirement Pensions
A Few Exceptions
SSI and Retirement Pensions
In Conclusion
If you are still concerned about whether or not your pension could affect your ability to collect SSDI or SSI payments, then please dont hesitate to contact us today. Our experienced disability advocates are ready to assist you by answering your questions, or even starting to walk you through the process of applying for disability. We hope to hear from you soon!
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Informing The Pay Centre
Your manager will have the departmental leave system updated with any additional approved leave. They will provide notification of your separation from the public service to your departmental human resources, who will subsequently provide the necessary information to the Pay Centre. The Pay Centre will, in turn, provide you with the information relative to your situation and separation from the public service
The Influence Of Ltd On Ssdi:
Your Social Security Disability benefits are not affected by long-term disability benefits.
If you receive another publicly funded type of disability income, like workers compensation benefits, your SSDI payments could be reduced to offset some of what you get from workers comp.
But because LTD is private, not a government program, Social Security doesnt factor it into your benefits.
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How A New Jersey Disability Benefits Lawyer Can Help
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
What Is A Maximum Benefit Period For Long
The length of time you can receive long-term disability benefits depends on the terms of your policy. ;Many LTD policies contain a Maximum Benefit Period, which defines how long long-term disability benefits last. ;Because the Maximum Benefit Period can vary from policy to policy, it is important to read your policy to determine how your policy defines it and thus how long your benefits will last. ;You should also keep in mind that some policies may use different language or terminology to describe the Maximum Benefit Period .
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Social Security And Short
Can you receive short-term disability benefits through Social Security?
This is a common question caused by a common problem.
You may have suffered an accident or illness that prevents you from working and earning an income. You have bills to pay, but no money coming in.
Your employer may not provide paid leave or short-term disability. Perhaps, you did not buy a private policy in advance.
It is a hard lesson to learn. Few alternatives exist;to replace lost wages.
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.
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Disability And Leaving The Public Service
You should immediately notify your manager if your physician has certified that your illness is continuing and you are unable to return to work. Your manager may grant you leave without pay for a period sufficient to enable you to make the necessary adjustments and preparation for separation from the public service.
Refer to Appendix B of the Directive on Leave and Special Working Arrangements for additional information.
What Happens If The Adult Child Gets Married
If he or she receives benefits as a disabled “adult child,” the benefits generally end if he or she gets married. However, some marriages are considered protected.
The rules vary depending on the situation. Contact a Social Security representative at 1-800-772-1213 to find out if the benefits can continue.
1-800-772-1213
To speed up the application process, complete an Adult Disability Report and have it available at the time of your appointment.
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Applying For Social Security
If you are receiving LTD benefits, you are allowed to apply for SSDI benefits. In fact, your LTD policy may require you to start your SSD application within a certain time frame, often within one year of receiving LTD compensation.
The reason most LTD insurers require you to apply for SSDI is their policies often have an offset provision clause, which lowers your monthly payment by the amount awarded from the Social Security Administration .
For example, if your LTD policy pays out $3,000 per month and you are awarded $1,000 monthly in Social Security disability, your LTD benefits will be reduced to $2,000 per month to offset the amount you receive from the SSA.
Your policy may also allow the insurer to take any back pay you receive from the SSA. Back pay is awarded if the SSA determines you were eligible for benefits before your application was approved.
For instance, if your application was approved in March but the SSA determines you were disabled in January, you might be eligible for back pay for benefits you should have earned in January and February. However, your LTD insurer may be allowed to take that back pay – if you had been receiving benefits for those two months, your LTD benefits would have been lowered to account for these other payments.
Myth: The Best First Step When Applying For Social Security Disability Insurance Is To Immediately Hire A Lawyer
The best first step is to talk to your doctor. “Have a candid conversation with your doctor,” Calder advises. “Does he or she think you are disabled?” That information is key.
Pay close attention to what the doctor tells you. For instance, if you’re told to try another medicine, use a wheelchair to help alleviate your MS symptoms, or get more physical therapy, your doctor may think that additional treatment will be enough to keep you on the job.
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When Social Security Backpay Creates An Ltd Overpayment
Social Security disability benefits are rarely approved quickly. Unless your disability claim is one of the few approved at the initial level , you can expect to wait at least a year before you’re approved. But because the “clock starts running” on your benefits as soon as you file, most Social Security beneficiaries receive a substantial amount of backpay, or past-due benefits, in the form of a lump sum.
The offset provision in your LTD policy means that your LTD insurance company may be entitled to most or all of this backpay. The rationale is that the company has overpaid you for those months during which you received the full amounts of LTD and Social Security benefits .
The insurance company uses the Notice of Award you receive from Social Security to calculate the overpayment. The overpayment is generally the amount of backpay you received minus attorneys’ fees . Be sure to double-check the insurance company’s math, because mistakes do happen.
Chances Of Your Disability Benefits Being Ceased
If your medical records don’t show medical improvement, your entitlement to disability benefits will continue. It’s difficult, in most cases, for Social Security to find that enough medical improvement has taken place so that the disability recipient is able to return to work. Only about 15% of disaiblity recipients have their benefits terminated after a CDR.
Some claimants who were approved for disability benefits through an administrative law judge hearing versus being approved at the initial claim or reconsideration appeal levels may have an easier time keeping their benefits. It can be harder for the SSA to determine that an individual has had medical improvement after an ALJ approval because ALJs have more flexibility in formulating their decisions than disability examiners. Even though a CDR claims examiner may not agree that a recipient was ever disabled, unless there is proof of medical improvement in the medical record, disability benefits can’t be ceasedâexcept under certain exceptions. For more information, read our article on when you might fail a continuing disability review.
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If You Run Out Of Paid Leave
Depending on your circumstances, you may request that sick leave credits be advanced to you to cover the period of your absence. This type of leave request is covered to the limit prescribed in your collective agreement or terms and conditions of employment.
You may also request leave without pay for illness or injury. Refer to Appendix B of the Directive on Leave and Special Working Arrangements for additional information.
The Healthier You Are The Better
This may be the most obvious factor of all. People in less-than-average health who have chronic conditions and/or use tobacco are more likely to suffer disabilities.
When assessing your health, disability insurance companies may request the following:
- A paramedical exam, similar to a physical checkup, conducted by an independent third party
- Measurement of height, weight, body mass, pulse, and blood pressure
- Collection of blood and urine
- Family medical history
- Whether you drink or use tobacco
However, there are ways for applicants in great health to bypass the medical exam.
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Aging Out Of Coverage
Your LTD benefits will usually end when you reach your Social Security normal retirement age or upon your death. If you’re over 60 when you’re approved for LTD, your benefits may continue past your normal Social Security retirement age, but generally only for a few years. Check out the Maximum Benefit Period chart in your LTD policy to see when your benefits expire.
Failure To Continue Treatment
LTD policies generally require you to submit periodic proof of your continuing disability. This can consist of an annual re-certification by your doctor that you’re still disabled or a requirement that you attend regular medical examinations. One of the most common reasons LTD benefits are terminated is that the person has failed to receive regular medical treatment. Even if your doctor has told you there’s “nothing else that can be done for you,” if you stop seeing a doctor, your insurance company may interpret your lack of treatment as proof that your condition has improved.
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How Social Security Disability Insurance Can Complement Long
If you purchase a long-term disability insurance policy, you may choose to add a social benefits offset rider to the policy. A rider is additional coverage you can add to a policy that enhances or increases your benefits. The social benefits offset rider allows SSDI to complement your LTDI coverage.
The way it works is that you pay lower premiums on your LTDI policy in the expectation that, if you become disabled, youâll apply for SSDI coverage and receive benefits from the U.S. government that offset the amount the insurance company has to pay. If your LTDI coverage is for $4,000 per month, but the SSA pays you $1,000 per month, the carrier only has to pay $3,000 per month.
Using the above example, if your LTDI policy has a social benefits offset rider but your Social Security benefits claim is rejected, youâll still receive the full $4,000 per month in benefits â it will just come solely from LTDI company.