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HELP!!! Disability questions for anyone on it

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Crohn's Disease
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Posted 1/7/2012 7:37 AM (GMT -8)
Ok yesterday I was terminated from my job after nearly 22 years with them.  Most of my benefits continue until January 31st, but my shortterm/longterm disability continues until Jan 20th.  I have my benefits book for 2012 and read that if your employment is terminated you only are eligible until Jan 20th.  But what if I apply for disability thru my employers plans before this date, would they only cover my disability till Jan 20th?  This is a insurance plan benefit I paid for thru automatic withdrawals thru my paycheck.  Being a paid insurance plan, does this not work like other insurance plans and if I apply before January 20th, don't they have to keep providing the benefits even after that date because I paid the premiums and am still on the books till Jan 20th and eligible till that date?  Does anyone know?  All help greatly appreciated.

And no worries I really think its a positive for me.  I can't keep working like I have been because of living with this darn disease for over 36 yrs and the damage it has done to my body.  I can still get state disability so will have money coming in, got a severance package so will have COBRA bene's, and then could go to SSDI from there.

Thanks for your help!

Gail*Nanners*

Posted 1/7/2012 7:59 AM (GMT -8)
You could contact your former employer's HR dept or the ins co directly. I would think you'd be able to file and keep the benefits, but I'm not certain. I feel for you. Sending good wishes your way. Keep us posted on what happens.
Posted 1/7/2012 8:06 AM (GMT -8)
I think instead of talking to HR, I might see a disability attorney. HR works for the company and I don't want them in on anything if you know what I mean. Hugs!
Posted 1/7/2012 8:36 AM (GMT -8)
I'm sorry to hear this Gail. i truly hope things work out for you, sending you best wishes,Slainte
Posted 1/7/2012 9:32 AM (GMT -8)
Good point! Disability attny definitely the better option : )
Posted 1/7/2012 10:17 AM (GMT -8)

I am on Long term disability from my job and SSD. My situation is different from yours, as I was not let go first, only after my short term disability run out and my long term started. Explanation from HR was something about not able to keep my position indefinitely open. (They never filled it anyway). But, I understand that, given my health situation with Crohn’s. I do still receive LTD from my past employer regardless. Get a copy of long term disability from HR and make sure how long the coverage can last and anything pertaining to your continual coverage. Contacting a disability attorney is the best way to make sure your rights are not being violated and you receive everything you are entitle to and paid in to it for 22 years. Also, it’s a good idea to have an attorney to work for you getting approved for SSD. My LD insurance made me apply for SSD as part of continual coverage and assisted with all the paperwork, not for my benifit - They saved money-  LTD now pays only portion of my SSD that SSD did not cover.

 

If you have any question, do not hesitate to contact me directly.

Posted 1/7/2012 10:28 AM (GMT -8)
Exit 4 thank you so much. I have decided to go thru an attorney. I think it is the best from everything I am hearing. I am 54 years old and really who is going to hire someone like me who has had this dd for over 36 yrs, missed so much work over the years, and will be missing more soon as I am due for more surgeries (knee replacements & cataract surgery) soon. Everytime I have surgery is causes me Crohns to flare. Sigh!

Husband and I talked long into the night last night about all this. And I do have alot of peace, no matter what direction I go. I think I am going to be okay. I am just so anxious to get the answers to all my questions. Haha... But since its Saturday I have to wait till Monday. Ugh!!! I hate waiting! LOL

open to hearing everyones advice. Thanks and Hugs!
Posted 1/7/2012 11:56 AM (GMT -8)
Hi Gail,
I know you mentioned that you were planning on retiring soon. I'm sorry it happened like this. Are you eligible for unemployment benefits too? I agree that you probably need an attorney to help you with this process. Try not to let it stress you out, although it sounds like you have a good attitude about it.
Posted 1/7/2012 11:59 AM (GMT -8)
good luck nanners and I think expert advice from a specialist attorney is certainly going to be worth its weight in gold esp after 22 years with them :)

very glad you are at peace with this huge decision and have to admit i am feeling slightly envious as I drag myself back into work mode for monday after spending most of my annual holiday sick / in hospital!

hugs
Lesley in NZ
Posted 1/7/2012 1:21 PM (GMT -8)
Oh, Gail, I feel like you worked so hard to get back to this job and then they jerked it away. I'm glad you feel positive about it, that is great to hear. I have no advice about disability, just {{{{{HUGS}}}}.
Posted 1/7/2012 3:01 PM (GMT -8)
Gail, I'm so glad you have peace at least. I think you're heading in the right direction with your thoughts and ideas about what to do.

Best wishes!
Posted 1/7/2012 4:48 PM (GMT -8)
You need to ahve 1 year on SSD before medicare kicks in anyway just a tip
Posted 1/7/2012 4:50 PM (GMT -8)
I'm very happy you're having good thoughts! It is hard to wait until Monday, but take the rest of
the weekend to rest recoup and start your life as a retired women. Ahhh!! that' a nice word, retired!

Big old hugs!!
Posted 1/8/2012 12:47 AM (GMT -8)
I filed for disability through a free local disability advocate.
It only took about an hour and she guided me through the online forms at the social security.gov website. I needed all my doctors contact information, hospitalization dates medication lists ect. That was in May. Then Social security sent me forms to fill out about why I can't work. Which I filled out and sent back. They told me it would take around 6 weeks for a determination. I was denied in August. I hear they deny most the first time but you should keep on trying because they just want to weed out people who give up easy.

The next step after denial is reconsideration. I filed a request for reconsideration in October. I did it online myself on the social security website and I thought it was very easy. In a reconsideration you just tell them why you disagree with their determination of your claim of disability and any new information or diagnosis. They then assign a new person to look at your case and send more forms to fill out to tell them how this disease effects you and why you cannot work.

I was approved for SSDI in November. I have Crohns, fibromyalgia,and inflammatory arthritis. I am 54.

I did a lot of research online and a what I read said that it is best to do these 2 steps first before hiring a lawyer.

If I would have been denied the 2nd time I would have contacted a lawyer because the next step is going before an administrative law judge.
Posted 1/8/2012 2:43 AM (GMT -8)
gee thats too bad :o(... your cobra coverage should be for wwhat 1.5 years i think? just apply for all the benefits you can and hope you get some sooner than later i suppose.. good luck my dear.
Posted 1/8/2012 6:06 AM (GMT -8)
That was crappy of them, But glad you have a good outlook on it..Smile I would agree with talking to an attorney, Good Luck and stay positive.. I have to keep reminding myself, When one door closes another one opens
Posted 1/8/2012 8:40 AM (GMT -8)
Thank you all so much. I really appreciate it. I know that as Tink says when one door closes another opens, something good will happen. Its like things were meant to be this way I think, as things seem to be falling into place. I have already been speaking to my doctors about this even telling them recently, if not for this truck payment I would have just had you keep me out of work permently. Since I got a decent severence package, I think God is telling me okay, now what excuse do you have.

And Vicky husband said to me lastnight "OMG we are officially retired!". Then he said quickly afterwards, are we getting old??? LOL

I won't lie, I am a little nervous and scared, but I am sure it will all work out. Yori can you share a little bit of what you said etc on your forms? Did your age factor in there at all? I was reading on the SSI.gov site about how my age is going to be a positive of sorts for me, especially with how long I have had the disease.

Thanks again all!
Posted 1/8/2012 9:29 AM (GMT -8)
Nanners- so sorry to hear that! My suggestion is to also see an attorney about wrongful termination AND discrimination! You should sue their sorry butts for firing you because you have been sick! 22 years and that is how they treat you??!! It makes me sick!

 As you know, I have recently filed for disability because of my legs and not being able to walk right now due to the surgery and AVN in both knees. I am using an advocate and they told me SS is now fighting nearly everyone who applies. I haven't received a determination yet but even though I am on crutches and cant walk  due to the other leg needing the same surgery and the inability  to  ever work as a Paramedic again, I was told to expect a denial and a fight because the system is going broke so they are refusing even the most serious cases. Apparently they are making it nearly impossible  because the system has so much abuse. Gather your strength! Dont give up! When I hear something, I will keep you posted.

Best of luck!

Post Edited (pmedic) : 1/8/2012 11:04:12 AM (GMT-7)

Posted 1/8/2012 9:59 AM (GMT -8)
Sorry to hear about the job loss, Gail - but it sounds like it just may be a blessing in disguise :). I think you're on the right track in contacting an attorney ASAP.

When I was working and on short term DI after a surgery for an obstruction, I was not able to go back to work as planned and my short term DI rolled over into long term DI (under insurance I had through my employer). I never was able to retrun to work and remained on long term DI for 2 years. At that 2 year mark, the company I worked for hired an attorney to apply for SSDI on my behalf. I was approved on the first application. The date my disability began was determined to be right after my surgery (2 years prior), so I got 2 years back pay from SSDI and was also eligible for Medicare right away (per SSDI, you have to have been disabled for 2 continous years before Medicare coverage kicks in). By doing things this way, I did not go without pay or medical insurance at all. My long term DI rolled into the SSDI w/Medicare coverage. As I was not terminated from my job, I still do get DI from the company, it is just reduced by the SSDI amount and my group medical benefits through them are now secondary to Medicare.

I realize my situation is not quite the same as yours, but an attorney knowledgeable about job termination and DI/SSDI should be able to get you on a similar path.

Best of luck, Gail. I think after all is said and done, you'll be much less stressed and better able to take care of yourself w/out worrying about the work issue.
Posted 1/8/2012 11:58 AM (GMT -8)
Nanners, while I am sorry it happened like this for you, I hope it will all work out for the best. You really have tried so hard the past few years to stay with the job despite your health. I think you are on the right track to contact an attorney asap. Gotta look after #1 first. Good luck to you!
Posted 1/8/2012 4:50 PM (GMT -8)
So sorry to hear Nanners!!

Now you and your hubby can enjoy retirement together..

Posted 1/8/2012 5:14 PM (GMT -8)
I'm really sorry to hear this Gail. I know that on the one hand it is almost a relief, bit I'm sure on the other there is some anxiety. I pray that all goes you way and you ate able to get LTD, and keep all your benefits.

(((Hugs)))

PV
Posted 1/8/2012 6:42 PM (GMT -8)
I would contact the benefits person in your HR department. I work in HR and the decision to terminate someone is never initiated by HR it always comes from within the employees department. HR really is there to help you. I know that my benefits person would never intentionally give an employee or former employee misinformation.

Good luck.
Posted 1/9/2012 1:35 AM (GMT -8)
WOW! shocked    What was the reason given for the termination?  If they cited your health I would think that could open doors for you there, lawsuit, or towards you disability claim an employer said you couldn't work.  I know probably both AG and Dawg have more info.
Posted 1/9/2012 7:23 AM (GMT -8)
Wow. I don't know whether to say I'm sorry or yippee! But MDF has a valid point, it might be worth a consult with an employment attorney. JMHO.
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