Will someone PLEASE tell me how Long Term Disability will affect my Social Security Benefits??
I can’t tell you how many times I have found myself in the position of having to explain how a person’s Long Term Disability program will affect their Social Security disability benefits. I have seen more people PISSED off, angry, and upset because they didn’t have a full appreciation of how that program would affect their benefits.
With that being said, let me give you a few tips that may help you out along the way:
1) If you don’t know BEFORE you sign up, Call your carrier and ASK!!
If you’re thinking about applying for Long Term Disability, check with your carrier and find out how your LTD program will be affected by Social Security. It’s important to have this information available to you in the very beginning.
2) If you have signed up and you don’t know, Call your carrier and ASK!!
So many times, people will start the process of applying for Social Security and think that their LTD benefits and SSD benefits will go ‘hand and hand’. Don’t let yourself get caught off guard. Ask as soon as possible.
3) It sucks but you may have to reimburse them.
I hate to be the bearer of bad news but some LTD policies require you to reimburse them if you receive monies during the same time they are paying you. You might want to know that ahead of time.
4) It stinks even more but your LTD benefits may be reduced after you get disability benefits.
Be careful. Sometimes, you are sitting over there doing the NEW math and thinking that you will get money from LTD and your SSD. This point may be true but it is possible that they may reduce your benefits to account for the SSD money you are getting so you need to be ready.
5) It stinks the MOST but your LTD benefits may STOP after you get disability benefits.
OOOOOOO, this is point that makes people HOTTER than fish grease. Let’s say you’re getting $1000 a month in LTD benefits and then a year from now, you start getting $1200 in SSD. So in your mind, you’re thinking “BAM! $2200 a month? We ROLLING!”. And then what happens? you are only getting $1200! Say what? Who bumped their head? Well, it might have been you if you haven’t checked your policy and your policy has a provision that STOPS your LTD once you get your SSD.
6) They want to know about the status so get READY or you may have problems.
I know this will get on your nerves but they are going to want to know REGULARLY about your SSD process. For some policies, if you don’t have an active claim, you don’t get any money.
7) Don’t wait until AFTER you get your benefits to contact your LTD carrier to find out how it will be affected.
Most people get the SHOCK of their life because once they have gone through the 2 years or so of waiting for your SSD benefits and you think it’s cool and then BOOOOO YAAA! you get your SSD benefits. your back pay goes to your LTD carrier and you stop getting LTD checks. NOW, you are mad and don’t want to do. Unfortunately, you may not be able to do anything.
Now, don’t get me wrong. LTD programs are AWESOME! THey provide some well needed money when you’re sitting over there waiting on the SSA process to unfold. Just recognize this point. The LTD program may not be designed (depending on your policy) to keep you covered forever so you need to EDUCATE yourself about what it covers so you don’t get surprised.
Social Security topic: What do I do if I DON’T want a Representative Payee
Under the Social Security Regulations, in some instances where an individual has been awarded Disability benefits, SSA may determine that the person may need a Representative Payee.
The Representative Payee is an independent third party who is responsible for the receiving the disability funds on behalf of a person who has been awarded Disability benefits. This person has a financial responsibility for the individuals receiving benefits.
Sometimes, people find themselves in positions where they DON’T want a representative payee. Unfortunately, it’s not simple. You can’t merely call the Social Security Administration and tell them you don’t want one. Keep these things in mind when you are coming forth:
1) The problem may be what’s keeping you from getting the benefits. CORRECT IT!
Social Security is going to be very concerned about making sure that someone responsible is handling the money. Now, don’t get offended. Noone said that you’re not responsible but you have to look it in a vacuum. If you have had a history of drug use or alcohol use or you’re taking heavy medications that effect your judgment, the court will be concerned. Take whatever actions you need to (which means to abstain in the example of controlled substances) and you can use this as an argument with Social Security regarding a rep payee.
2) Talk to your doctor.
First, you need to find out WHY you were giving a rep payee. If it’s for a medical condition that you are being treated, contact your doctor and ask them if they will write you a letter indicating that you are able to handle your funds. Keep in mind, if they DON’T think you can, they may not write that letter.
3) Speak to Social Security Administration and find out what you need to do.
At the end of the day, the Social Security Administration has the responsibility of determining whether you SHOULD or SHOULD NOT have a representative payee. It’s best to ask them what you should do in order to remove the rep payee requirement.
4) Demonstrate that you don’t need one for a while and THEN come back later.
Also, keep in mind that the longer can show that you’ve been able to demonstrate maintain your funds without needing assistance, the stronger your position.
It’s tough because people fail to recognize that the Social Security Administration has a responsibility to ensure that the financial well being of individuals who receive benefits are protected. If SSA has determined that you need a representative payee, it’s usually do to something or some concern they may have. If you feel you don’t need one, the burden is on you to demonstrate that you don’t need one.
Myths about Social Security Disability: What happens between the HEARING and getting your written decision
The hearing process of Social Security Disability can be very nerve racking but it shouldn’t be. Once you have the hearing, the only thing you need to do is wait. However, there are some myths that some people believe that you really need to keep in its proper perspective:
1) MYTH - It’s going to take a year or longer before I get a written decision.
People fail to realize that Hearing Offices understand that you’ve waited a long time to get your hearing date. As such, they are going to take every effort to process your case as soon as possible. They can’t give you a definite time but please don’t think that your case is going to linger in ‘never, never’ land for years.
2) MYTH - The judge said I’m going to get my decision in ______ days.
As stated in a prior post, you have to remember that several people are involved in your decision. The judge makes the decision. The writer writes the decision. The editor edits the decision. The judges reviews the final decision. The staff assemble the decision and mails it out. With so many steps and so many files, some times it’s difficult to appreciate how long it takes to make a decision.
3) MYTH - The judge TOLD me that I was approved so I KNOW I’m getting a favorable decision.
I’ve said it ONCE, I’ve said it a THOUSAND times. The decision hasn’t become FINAL until you get a WRITTEN decision. Now, keep it mind (as I’ve said before), Judges are very straightforward. However, after reviewing your file or if they get new evidence, the judge may re-evaluate his or her decision.
4) MYTH - If I keep calling every day, it will speed up my decision.
I have to constantly remind people that the staff at the hearing office are people, too. These people are tasked with trying to generate hundreds of decisions a day to people who are waiting for their decision. So do you really think you are going to help your situation by constantly calling the office and keeping them from doing their job? (Use some logic. What do you do when a bill collector calls you ever day on your phone? Don’t get new! Some of you won’t even LOOK at the phone!)
5) MYTH - They have all the evidence they need. They don’t need any more.
If your case has some inconsistencies, the judge may order an evaluation. In addition, if you have some extra evidence that is helpful, they may have to review your file with the new evidence that is provided.
6) MYTH - The expert in the court said I could (or could not) work so I know I am not going to win (or lose).
Typically, in Social Security hearings, you may have a Vocational Expert or a Medical Expert. These persons are there to provide expert opinions about the ability of persons to do work (Vocational) or give opinion about the medical evidence (Medical). However, these persons are NOT the final decision maker. The judge is the final decision maker.
7) MYTH - If I call the hearing office, they will tell me if I’ve won or loss on the phone.
Most people don’t realize that Social Security has a very strict policy AGAINST informing people about the decisions on the phone. So, please don’t think that they are trying to single you out by not telling you.
MYTH - There is NO way I can speed up my decision.
I hate telling people this because it usually doesn’t make them feel better but if you are not Terminally Ill or in a Critical Financial Situation (i.e. eviction or foreclosure or homeless), Social Security is probably not going to move any faster on your case. Why? Because several THOUSAND people are in the EXACT same spot as you!
9) MYTH - My case will move to the top because my Congressman / Congresswoman / Senator is involved.
Ok. If you went to your Representative or your Senator, your case may have moved a little faster to get TO the hearing level. However, once it’s there, it’s in the hands of the judge and judges tend to not be swayed by Congressional pressure. Every person is equally as important (with or without the Congressional pressure).
10) MYTH - If I get denied, there’s nothing more I can do.
WRONG! You can always appeal! Remember, you have 60 days from the date of the decision to appeal.
11) MYTH - If I get approved, I win for good.
WRONG AGAIN! Two things can happen. One, the Appeals Council can pull your case for review (just checking to make sure that the decision was right). Two, you will undergo a Continuing Disability Review (unless you’re 63 or 64) every 3 to 5 years to make sure you’re still disabled.
12) MYTH - My case is exactly like my Friend’s case and he / she got approved so I should, too.
Everyone’s case is on a case by case basis. Please don’t compare your case to someone else’s case. The last thing you want to do is think that your case will have the same outcome of someone else’s case (and contrary to popular belief, you haven’t seen your friend’s file so you don’t know what got them approved).
The Social Security Disability process can be confusing. However, it can be more confusing if you allow yourself to believe alot of the myths that are out there. Remember, the process is designed for you. Don’t let it get away from you.
When should I apply for Social Security Disability
I am sure that you can find hundreds of websites and blogs that will provide you a similar question. If you’re looking for a quick answer, unfortunately, I can’t give it.
Here’s the short answer to your question:
When should I apply for Social Security Disability? IT DEPENDS!
Sorry, I can’t give you a straight answer because every one is a little different. However, I can give you some things to contemplate when making the decision.
1) Don’t base your WORK decision on how soon you can get Social Security Disability. Most people don’t want to have their financial life disrupted. As a result, they keep pushing forward with working because they don’t know how long it’s going to take to get Social Security Disability benefits. I hate to be the bearer of bad news but you are probably NOT going to be able to quickly transition from working to receiving Social Security Disability benefits.
2) Don’t base your FINANCIAL decision on how soon you can get Social Security Disability. Listen, depending on where you are and the strength of your case, you may be looking at 2 months to 2 1/2 years from the time you apply to the time you get benefits. If you’re lucky enough to have savings, stocks, and mutual funds that you can live off while you wait, don’t bank on trying to get benefits before the funds run out.
3) If you can do something else, keep that in mind. Now, if you’ve spent the last 30 years working in construction, or mines, or heavy labored work, you may be in unique position to demonstrate that you are worn out from doing all that hard labor. HOWEVER, just because you can’t do what you’re used to doing, this doesn’t mean that you are automatically going to get disability. Social Security Administration wants to know if you can do your job or anything else.
4) If decide to do a part-time job, Social Security will consider it. Most people who are waiting for Social Security Disability are really concerned because they have NO money coming into the household. As a result, they are curious about working a part-time job while they wait. Keep in mind, any monies made during this time will be considered and, in some instances, may hurt your case.
5) If you’re SLICK with trying to supplement your income, you are probably going to get caught! Most people know that any earnings are reported to Social Security Administration. However, some people fail to acknowledge that the Social Security Administration is still a part of the FEDERAL GOVERNMENT so they are kept aware of various things. So as a result, be careful if you decide to “work under the table”, serve as a consultant, or serve as a corporate executive (even though you don’t do anything). If you are getting money for something you are doing or representing, Social Security Administration is probably going to find out.
6) It doesn’t matter if someone ELSE found you disabled. Listen, if you’re getting state disability or Long Term / Short Term Disability or Workers Compensation or VA disability, that’s great. These programs are helpful and can provide some awesome info for the SSA Disability program but do not think that receiving these disability benefits will automatically entitle you to Social Security Disability.
I know it’s tough to determine at what point you should apply. It’s hard because making this decision is recognizing that you are making a tough financial decision which can affect your household. Just remember that you must look at the big picture to totally appreciate at what point you should make that move towards applying for benefits and how making that move will affect you.
Social Security Topic: I fired my representative so why are they still getting paid?
So you find yourself going through the Social Security Disability process and you hire a representative. Ok. No problem so far. Then, for whatever reason, you find yourself not particularly happy with the services of your representative. Again, no problem. So you go and get another representative or you represent yourself.
Then, something great happens. After months or maybe years of frustration, you get approved. YAAAAAAAY! It’s party time. After you get approved, you get a letter from the Social Security Administration indicating that a portion of your back pay is being set aside for Representative Fees. Say what? Now, don’t panic. They do that automatically because you did have a representative at some point in time. Well, you want your money that is being set aside for the Representative because you fired them. Problem? Just a little bit.
Sometimes, people don’t understand that just because you fire your representative doesn’t mean that they will not get paid. Here’s how it works. Representatives are paid in two ways: Fee Contract and Fee Petition. Under the Fee Contract process, you have entered into a contract so that your representative receives 25% or $5300 (whichever is less. On June 1, 2009, it goes up to $6,000) of your back pay. If Social Security approves the contract, they will pay the representative if you win from your back pay. The Fee Petition is a little different. This process is based on the premise that the representative has to show the Social Security Administration the work that the representative has done in order to get a fee.
So what does that mean as it relates to you firing your representative? Well, it depends. The Fee Petition process requires the representative to notify the client that he or she is petitioning for a fee and if the client wants to contest the fee, they can. Which means, you can challenge the representative getting a fee or challenge how much the representative will receive.
Now, you gotta look it from it’s proper perspective. If your representative has only been in your case one month and did nothing, I can see a really great grounds for saying they should get nothing. However, if your representative has been in the case a few months or even years, or if they have done appeals, or if they have gone to court with you, you are going to have a hard time justifying that they deserve nothing.
Just remember, it’s important to understand that you do have the right to contest the fees of your representative if they are no longer your representative. Just understand that if your representative did some work, they have a right to ask to be paid for it.
Times may get harder while waiting for Social Security Disability
“How long does the process take after I apply?” Do you know how many times a day I get THAT question?? Unfortunately, my answer to it is not really one that I like sharing to prospects or clients.
I usually tell them that the process can take anywhere from two months to three years depending on the circumstances. Unfortunately, that takes the wind out of alot of people’s sails.
The sad truth of today’s situation is despite the economy, the new administration, or any other external factor, the Social Security process is still a lengthy process. I’ve provided a few different posts previously to help you cut the time off of the process. However, the simple fact remains that it IS a lengthy process.
The next hardest question I get is “Is there anything that can be done to make it move faster?”
This question falls heavy on my heart because invariably most people don’t appreciate the fact that they are one of thousands of people who are trying to do the same thing. They are sending in their bills, or eviction notice, or foreclosure notices. They are living with family or friends or even homeless. However, if SSA doesn’t have everything that they need, they can’t, in good faith, make an informed and educated decision regarding your claim.
I’ve had two claims in the last year that moved REALLLY fast and both of those persons had terminal cancer (one applied in March, was approved in March, and passed away later that year).
“Do I have to be dying in order to get disability benefits?” That’s a cold statement but it’s hard to explain to people who are struggling that they are one of MANY persons who are in the same boat as they are. As such, it’s tough to get them to understand that they are NOT the only person who is trying to avoid foreclosure, or is trying to avoid eviction, or is trying to keep the lights from being disconnected.
The simple fact of the matter is this, the moment you are put in the position to apply for disability benefits, your world has INSTANTLY been changed. Unfortunately, despite how crucial your world may be, you still have to go through the process in order to get to the desired outcome. As such, no matter how HARD it is, you still have to wait.
Social Security Disability delays
If you’ve followed some of previous posts, I’ve spent a few times talking about the social security process. In an attempt to further help with the situation, it is important for me to take it upon myself to give you some additional insight into the process so you can understand WHY it takes so long and WHAT you need to consider:
1) There IS no deadline for deciding your case so STOP asking! Every case is on a ‘case by case’ basis. So please stop getting ‘coo coo for cocoa puffs’ when a representative from the government says your claim will be completed in “_______” days. Some times it is just simply NOT possible to get the information that is needed in the time period that you were told.
2) You HAVE to go through the process! Some people out there think that they should keep reapplying until they hit the jackpot. What they DON’T understand is that they are just starting over again and again. Think of like this. Starting a new application after an old one has been denied is like driving a car in the daytona 500 and when the car runs out of gas at lap 55, you get a new car and start from the beginning at lap 1.
3) When it gets to the Hearing level, you have to wait!! It’s crazy because the largest backlog tends to be at the hearing level because those cases are sitting and waiting to be heard. If you’re in a district that has 18,000 cases in waiting, when your case comes into the district, your case will be number what?? That’s right 18,001!!!!!!
4) Even if your case is CRITICAL, you still have to wait! I represented a man who was homeless and living under the interstate and it took a couple of weeks to get before the court. Now, I know you say that that is sad but let’s be real here. I know your situation is crucial but do you REALLY think you’re the ONLY one who’s situation is crucial? Think about it. Say you’re in a district where there 18,000 cases before you. Now, let’s assume that about 10% of those are critical. Now, you’re at 1800. Now, if you only have 18 judges, you have 100 critical cases per judge. Now, if each judge already has cases scheduled for hearing for the next month, where can they fit you??? See how it gets crazy?!
Listen, you will find articles ALLLLL over the internet about the backlog and the delays. It’s an unfortunate thing but it is OUR reality! The hardest part of the process is usually and almost always the WAIT! Don’t let it beat you down. Hang in there!
What’s delaying YOUR Social Security claim?
Looky heya!! Recognize a simple fact. The Social Security process is SLOW!! Ain’t no sugar coating. It just is. If you’re in a jurisdiction that is moving a little faster than normal, consider yourself lucky.
However, before you start blaming everything on the process, you need to stop and yourself what is causing the delay. The Social Security Administration is taking aggressive steps towards becoming completely electronic which ultimately will speed up the process. However, you still need to appreciate that the process is not something that will happen over night.
Here’s some things that you need to appreciate right out the gate:
1) When you apply, DON’T SET YOUR CLOCK by the timeline Social Security tells you!
You know what I’m talking about when I say this to you. You go and you apply and Social Security tells you that you should have a decision in about 60 to 120 days. What do you do? You set your clock by it. So when 120 days comes around, you start BLOWING up the phones!!! Recognize, there are no set timelines for when Social Security can make their decisions. They are processing them as fast as possible but in some cases, it may be against your interest if they process your claim without all of the information.
2) You need to understand what happens once you file.
Depending on your state, it usually goes down like this:
- You file
You usually don’t file right away. You usually have to go and file online or go in person. IF you have to make an appointment, this may take a while.
- they determine which programs you’re eligible
This portion of the process is fairly quick. Either you are or you’re not. Pretty simple
- They send your file to the disability determination section
This section is the most important part because they are responsible for developing the medical portion of your program.
- Disability sends out forms to you and your family and friends
When you write down the names of the people you want SSA to contact, you better contact your friends and family and let them know that it’s coming. Usually, this portion takes the longest because people don’t always fill out the forms as fast as YOU would like.
- Disability sends out requests for Medical Records
Listen, don’t hate but the fact is simply that YOUR medical records are crucial for you to get approved. So if your doctors don’t send the records back in a timely fashion, this slows up the process.
3) Blowing up the phones like it’s going out of style does NOT help your case.
Contrary to popular belief, going BUCK WILD on the phone does NOT help your case. I’m not saying you should suck up to anyone but remember, you’re dealing with people who are processing anywhere from 50 to 100 cases a week. So what does that mean?? Use some common sense, if someone called you ‘cussing you out’ about something that you KNOW you’re doing the best you can, would you REALLY work hard for them??
4) A representative helps but they are NOT a magician!
Representatives who take claims tyically pride themselves on their ability to determine if a case has a likelihood to succeed. However, alot of people think that once they get a representative then BAM, it’s ON like Donkey Kong!! You gotta remember that the representative provides you, among other things, three benefits. One, they can tell you about the strengths and weaknesses of your case. Two, they can tell you how the law will respond to your facts and how the judge you are facing may decide your facts. Three, they are the point of reference for Social Security regarding you and your medical records. Now, I know that some representatives will tell you that they can get you YO MONEY fast and if you find one like that, then RIDE OUT! Just remember, they deal with this on a regular basis, so don’t kill the messenger if they are not getting you the results you’re looking.
5) Before you start CHECKING people, CHECK YOURSELF!
I know this sounds crazy but alot of time, people don’t give credit to what part they play in the DELAY! Did you MISS your appointment with the Social Security Doctor?? Did you send all the forms in to Social Security that they asked for you to send? Are you doing what your doctors are telling you to do? Did you move and not tell Social Security that you are moving? Did you get a new doctor and not tell Social Security?
6) Remember where you’re located.
If you’re living in a large metropolitan area, recognize that that means you got a CRAP load of claims being failed. Also, if you’re living in a small area, you may have only ONE office servicing a BUNCH of areas. Either way, it’s still a lot of claims coming and going.
Listen, I know the Social Security process is a pain in the backside and I know that it’s frustrating but make sure you remember that the Social Security process is not a ’slide your quarter and watch the machine move’ process. You play an integral part and it’s important that you remember that the delay could be more than you think.
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