Can I Apply for Social Security Disability if I am Receiving Long-Term Disability?
Posted on behalf of Dayes Law Firm PC on May 02, 2018 in SSD
Some individuals with disabilities may think they cannot apply for Social Security Disability Insurance (SSDI) benefits if they are already receiving long-term disability (LTD) from their employer. However, you can receive benefits from both programs at the same time, if you meet the eligibility requirements for SSDI.
The Social Security Disability lawyers in Phoenix at Dayes Law Firm PC can help you apply for SSDI benefits if you are already receiving LTD benefits. We have detailed knowledge of obtaining SSDI benefits, including how to appeal denied claims. Request a free, no obligation consultation today.
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 (SSA).
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.
Am I Automatically Eligible for Social Security If I Receive Long-Term Disability?
Receiving long-term disability benefits does not automatically qualify you to receive Social Security disability benefits. You must have a medical condition that satisfies the SSA's definition of a disability.
If your medical condition is listed in the SSA's blue book, you must provide evidence that your symptoms fit the criteria for that listing. For instance, if you have Meniere's disease, you must prove you have a history of frequent attacks where you struggle with balance, ringing in the ears and progressive hearing loss.
If your medical condition is not listed in the blue book, the SSA will determine if your condition is medically equivalent to a listing in the book.
If your condition is not medically equivalent to any listing, the SSA will determine if your disability prevents you from working for 12 months or more. The SSA will determine if you can still do the same type of work as before you became disabled or if you are able to another kind of work.
The SSA considers the following factors to determine if there are other types of work you can complete:
- Work experience
If the SSA determines you are able to perform other types of work, you will not qualify for benefits. If it is determined you cannot work due to your condition, you might be considered disabled and eligible for benefits.
Contact an Attorney for Help
Get assistance with the Social Security disability application process by working with the trusted Social Security Disability attorneys of Dayes Law Firm PC. Our attorneys are well-versed in the process and have helped countless applicants access the benefits they need.
Request a free, no obligation consultation and learn your options for pursuing Social Security disability benefits. There are no upfront fees and we are only paid if we recover compensation in your case.