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Episode 1 SSDI benefits versus long-term disability insurance benefits



In this episode we invited social security disability attorney Scott Bugay to discuss social security disability income claims. On a weekly basis we receive numerous phone calls from disability insurance claimants around the country that have questions related to social security disability income benefits (SSDI). Most group long term disability policies governed by ERISA require a disability claimant to apply for SSDI.

During this episode Scott answers the most common SSDI questions related to LTD claims, SSDI overpayments, the SSDI claim process, and we discuss the differences between an SSDI definition of disability versus a disability insurance policy definition of disability.

While our firm will assist our clients with the application process for SSDI benefits, we do not handle SSDI claim denials. Our firm focuses exclusively on the representation of individuals that have disability insurance claims with disability insurance companies.

Have you dealt with a disability insurance company? Share your experiences in the comments!

Please note: Disability insurance attorney Gregory Michael Dell created Disability Insurance Law TV in order to educate long term disability claimants about common issues related to long term disability insurance claims. New episodes are filmed on regular basis. Our disability videos are for informational purposes only and they are not legal advice.

There are 6 opinions so far. Add your comment below.

David P.:

Unum is my LTD for many years. I did not give them my lump payment from SSDI and they are subtracting the sum from the minimum monthly payment they would pay me of $199.00. After 3.5 years we are getting close to paying the $13,000 over payment off by the $199.00, monthly. Now Unum wants me to give SS info to them. If not, can they cancel my policy and keep my SS payments until overpayment is paid off?

Attorney Greg Dell:

David,

They are unfortunately entitled to obtain your social security information.

Mary:

I am currently receiving long term disability through my job; I have applied and been denied by SSDI and I am currently in appeal status.

My SSDI company, Allsup, has sent me a form to allow for automatic bank deduction by my long term insurance company if I receive back payment from SSDI. Should I fill this form out?

Attorney Greg Dell:

Mary,

We would advise you not to complete this form unless the disability policy requires you to do so. The insurance company should not have access to your bank account.

Chuck B.:

Have had RSD for 13 years since age 13. Have worked at various places after treatments made the pain bearable; Latest employer (since July 2013) was made aware of my condition and limitations it might place on me but hired me (as exempt) and I signed up for Group Disability (STD and LTD) as well as health insurance through work after the coverage from my parents ran out when I turned 26 in the fall. I’ve told employer that pain is affecting my concentration but now, employer is saying that I should be looking for something else because they may have to let me go due to my low productivity.

Should I try to make a claim through STD and LTD or should I just let them let me go and file SSI?

Given the level of my pain, I doubt I’ll be able to get another job.

Should I seek legal advice to help me make the best decision?

Attorney Stephen Jessup:

Chuck,

If you have been working for your employer for less than a year, and you have had your condition prior to employment, chances are that your claim will be barred under the LTD plan as pre-existing. I would suggest you secure copies of your policies to ascertain same. With respect to SSDI benefits, you will need to consult with a Social Security attorney in order to best ascertain your chances for receiving same.

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