Social Security and Long Term Disability

A common scenario in disability cases is as follows:  First, the individual files for Short Term Disability (STD) and receives those benefits for about 6 months.  If the individual continues to be disabled after 6 months (180 days), he/she may be eligible for Long Term Disability (LTD) benefits.  Assuming the individual is approved for LTD benefits, at some point in time, he/she will apply for Social Security Disability benefits.  In fact, most policies require that the disabled person file for Social Security disability benefits.  Moreover, the LTD insurer will offer to help the individual obtain Social Security disability benefits.  Why would the LTD insurer offer to help the disabled individual obtain SSDI benefits?  The answer is actually quite simple:  the LTD carrier will attempt to take a credit for any Social Security disability benefits received, and will often claim an overpayment of benefits once the individual’s SSDI benefits are approved.  Even if the disabled person does not file for SSDI, the LTD insurer will often pretend like the individual is receiving Social Security benefits, and thus, reduce the monthly LTD benefit.   If you have a SSDI claim and LTD claim, and if you hire an attorney, it may be important to ensure that the representative/attorney is able to adequately represent you on both claims.

If you would like to discuss your Social Security and/or Long Term Disability claim, please click here to obtain the author’s contact information.

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About tngadisabilitylawyer
Disability Lawyer in Tennessee and Georgia.

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