Question

What do I do if Lincoln doesn't think SSD is strong evidence of disability?

Asked on November 16th 2013 by Debbie
My husband Tom is 60 1/2 and his employer has LTD coverage through Lincoln. Lincoln insisted that Tom file for Social Security Disability (SSD). Tom was awarded SSD the first time without an appeal or hearing based on his condition. SSD benefits have offset all but $500 a month of Lincoln’s payment. Tom is still on it and SSD is not an issue. Lincoln has said now that we are approaching the 2 year mark, they will terminate disability payments and said Tom should be able to get another job in another field such as a dispatcher. He was an account executive, outside sales in multi-media. Tom has spinal stenosis documented by two MRIs and has had two total knee replacements, one with complications. The spinal stenosis condition causes Tom to have to lay down every few hours for relief of pain. Who would hire him for any job with this issue and his age? e has to file an appeal. I thought SSD was the highest standard but Lincoln’s seems to be more. What do you advise and what options do we have?

Answer

Answered on November 17th 2013 by Attorney Gregory Dell

Debbie, If the claim is in fact denied you will have to go through the administrative appeal process. Although SSDI is strong evidence of disability and must be considered by Lincoln when reviewing the claim, being awarded SSDI it is not a guarantee that a private insurance carrier will continue to approve disability benefits.