long term disability

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stockrex

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Has anyone here been disabled and had to claim long term disability benefits?
Could you please share you story.

I got a call from a old friend last night, he has been recently diagnosed with a rare tissue inflammatory disease and pretty much not able to function on most days, He does not have short term disability so his doctor recommended he take FMLA while additional tests are done and he tries different meds. He has long term disability insurance from work but he is afraid that he is going to be let go as his boss has been after him since he has been sick.
I did not know what to tell him, I have never taken even a flipping sick day.

HOw should he proceed? He has been on FMLA for a few weeks, should just go and see his doctor and talk about long term disability?
 
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That would have to be some crumby job for him to be able to get fired while he's out with a legitimate illness. Long-term disability is there for a reason, so if he really can't work, then he may as well get paid until he gets better...if the guy wanted to fire him, he was going to do or it whether he's sick or not. I've had two back surgeries and missed about four months each time, and I dare them to try and fire me while I'm out on disability. Then again I've never been reprimanded for anything, and been with the company for 20 years and am considered one of the best at what I do.
 
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Ugh that stinks. It is a sad state that most positions and jobs don't offer "sick leave" anymore, as if people don't get truly sick and have issues. Just replaceable billets.

I've heard the recommendation for everyone over 60 to buy long term disability/care insurance, but fortunately have never had to be involved in such a thing myself.

I'm no expert but it seems to me that if he gets canned for using time allowed by law for him to take, that this would be a big no-no. If he can't keep up with work obligations afterwards, how long LWOP would be allowed is anyone's guess, and likely not long.
 
tell him to keep every email and write down any conversations he has had with his boss. If he is out with a legit illness and they fire him....lawyers will line up to represent him.
 
I agree with above posts, while out on FMLA, he can't be terminated. I advise him to contact a good lawyer and consult with him/her and see what his options are if he gets terminated. The sooner you get a lawyer in on the situation, the better you're off. Just my
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Social Security Disabil;ity is availible to almost anyone who has worked in the USA. There are lawyers in EVERY state who specialize in "SSD" law, they collect their fees from the steelements, so there are no upfront costs. To get SSD, however, you must be unable "to lie in a hospital bed and string rosery beard"
 
I would suggest visiting a Lawyer that specializes in Social Security Disability. They will steer him where to go. they usually get a percentage of the retroactive SSD check. They should not get anything else except maybe 1 or $200 for administrative fees.
 
Contact local bar association for recommendations on attorneys in good standing and ones that specialize in disability benefits. Their fees are capped by law. Meet with one to 3 or more till you find one you or your friend like.
 
If he has LTD insurance he will not be eligible for SSD. So, he has to get his Doctor to declare him disabled and to what extent. Then he has to meet the terms of his LTD which is being disabled and unable to work usually for more than a year.If he has Fibromyalgia he will have a difficult time proving it because there are millions of people making that claim.

There are currently 9 million people on SSD. The system is already insolvent and if you can stand up you won't get it.
 
Also age plays a factor. If the person is 50 or up they have an easier time getting it compared to a younger person from what I understand.
 
I used my short term and long term disability insurance several years ago for a non work related injury and surgery to repair injury. The short term lasted 4 weeks after that the long term insurance kicked in. I had to stay on it until I could get a full release to go back to work. You will also need to sign FMLA paperwork.

You should consult with your HR person as they can guide you trough the process.
 
Originally Posted By: JHZR2
It is a sad state that most positions and jobs don't offer "sick leave" anymore, as if people don't get truly sick and have issues. Just replaceable billets.
no kidding huh?
 
Depending on the company you work for, LTD can be extremely cheap. I think for me it's like $2/paycheck. Everyone thinks only an older person will claim on it...not true.

Had a coworker develop labyrinthitis and he couldn't work for 4 months. He was only 30 at the time. Collected 100% of his paycheck during that period.
 
My wife is 14% disabled due to work related ergonomics (very common in her industry). Basically they give you some time off, some treatment that doctors recommended and allowed. When it is not improving, they will make it "long term" or "permanent". You get a lump sump amount (likely just a few thousands), and your employer has to provide accommodation (i.e. work restriction, like you can do certain assignment N% of a week or a day) and switch you to jobs that you can do, or they have to lay you off. You get a choice of getting higher education for a career change, or if you are already very educated (i.e. already had a master or PhD), then that's it.

If your employer is complying with all work safety rules and still couldn't accommodate for your work limitation / restriction, they can lay you off. You cannot sue in this kind of scenario.

You probably won't get disability pay and sit at home unless you cannot do any work (paralyzed) at all. If you can work other jobs at much lower pay, they still won't pay to let you sit at home.
 
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Due to a combination of issues my wife is legally disabled. Her #1 recommendation to anybody would be to talk to a lawyer who specializes in navigating the process. Trying to figure out how to do it on your own usually results in being denied several times, not because you aren't actually disabled, but because the average person likely doesn't know exactly what information they're required to provide and who they must provide it to.

The whole system is a complete train-wreck and dealing with Social Security is one of the more frustrating things I've ever seen anybody have to do.
 
He is not trying to get SS Disability, he has LTD (long term disability) through work,
He is not sure when he can go back to work and for how much,

The LTD has a elimination period of 13 weeks, but his FMLA is only 12 weeks, he is afraid that once the FMLA ends, the employer will simply lay him off and he will not be able to get his LTD.
He asked me if he should apply for LTD through work now? or wait till the end of his FMLA.
 
Originally Posted By: stockrex
He is not trying to get SS Disability, he has LTD (long term disability) through work,
He is not sure when he can go back to work and for how much,

The LTD has a elimination period of 13 weeks, but his FMLA is only 12 weeks, he is afraid that once the FMLA ends, the employer will simply lay him off and he will not be able to get his LTD.
He asked me if he should apply for LTD through work now? or wait till the end of his FMLA.


I'd get a copy of the policy, and read it word for word with a magnifying glass. You don't want to do something that will allow them to deny the claim.
 
It depends on the company contract that they have with you.Because some time they don't pay you for the permanent disability as they limited by the routine injuries.So its better than you can consult with any legal person that help you more according to your state laws.
 
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