Is It Legal To Collect Long Term Disability Insurance Payment From Employer Concurrently With Ssdi?

[Edwardson]

My husband is collecting Long term disability payment from his employer's private insurance company. I also have an application in to receive SSDI(this is taking months and months, by the way, in Massachusetts). Is it legal to receiveboth if he is approved by SSDI. He fell in Sept. 2008, is physically impaired and has a traumatic brain injury and still being treated as an outpatient.Thank you.

[wattekinson86]

Yes. There are two programs - SSI and SSDI.  For both, you have to be disabled.   SSI is the Federal Welfare Program.  A person need not ever have worked to draw SSI, they just need to be disabled.  The current SSI payment is $674 per month.  Since it is the Federal Welfare program, there are rather onerous restrictions as to what you can own, and virtually any income is deducted from your payment.  The benefit payments for SSI come out of the General Fund.   SSDI, on the other hand, is the entitlement program.  You gain "insured status" by virtue of working and the basic rule of thumb is that you have to have worked 5 of the previous 10 years to qualify.  You get a benefit which is based on your earnings.  Other income, as long as it is not "earned," is not counted against your SSDI payment.  SSDI treated similarly to what your OASI payment(retirement) payment would be treated.  SSDI payments come from the Social Security Trust.   So, you can  draw short and long term disability payments, pension payments, interest payments, and other types of income without affecting the SSDI benefit as long as that  income is not earned.  And in fact, you can draw SSDI and work.  The measure of disability is the ability to work  8 hours per day, 40 hours per week,  so if you are unable to do that you are disabled.  Social Security also has a concept known as "Sustained Gainful Employment."  I believe the current SGA level is $960 per month, but I haven't checked it since the  first of the year.   If you earn SGA, that is $960 per month, you no longer meet the definition of disablity.  However, you can earn less than SGA and draw SSDI at the same time.  So, if a disabled person drawing SSDI obtains a part-time job,  working 20 hours per week and earns $900 per month, that would be permissible without affecting the SSDI monthly payment.   I hope this answers your question.  If you have any other questions  about this, just send me a message and I'll be glad to answer them.    You said your husband was injured in September 2008.  He is almost certainly going to be denied benefits.  SSDI also requires that a person be disabled for 5 full months before benefits begin, and that the disability be one that is going to last longer than a year or result in death.  Since the injury was just 4 months ago, they will  almost certainly initially deny the claim because they expect recovery.  You should appeal and ask for a hearing, which can be a long process.  Nonetheless,  don't give up.      Curious2135 60 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.

[Fortune]

Yes it is legal..............Our prayers to you and your's! Blessings.......AnnleeInsurance Disability from where he worked IS NOT INCOME.Everyone is entitled with a permanent disability to acquire SS Disabilty...also not income.Blessings.........Annlee

[Ramsay]

Your husband was insured through his company, should he become disabled, and there is a certain amount he will get from the insurance company. They will make payments until he receives the amount determined. That is called long-term disability.After your husband has been out of work for 6 months, he will then receive Disability Retirement from his work. Keep medical insurance on him(and yourself if you can.) After your husband has been out of work for 6 months, he should then start receiving Social Security Disability. Medicare benefits will not start until he has been on Social Security Benefits for 2 years, so make sure you keep his medical insurance through his work.After Medicare kicks in, then Medicare will become his primary insurance, and the insurance through his work will become his secondary insurance. Long-Term disability payments from the insurance company, Disability Retirement, and Social Security Disability are separate and do not interfere with one another.

[Dimitris]

Bonnie~S said: 3 Your husband was insured through his company, should he become disabled, and there is a certain amount he will get from the insurance company. They will make payments until he receives the amount determined. That is called long-term disability.After your husband has been out of work for 6 months, he will then receive Disability Retirement from his work. Keep medical insurance on him(and yourself if you can.) After your husband has been out of work for 6 months, he should then start receiving Social Security Disability. Medicare benefits will not start until he has been on Social Security Benefits for 2 years, so make sure you keep his medical insurance through his work.After Medicare kicks in, then Medicare will become his primary insurance, and the insurance through his work will become his secondary insurance. Long-Term disability payments from the insurance company, Disability Retirement, and Social Security Disability are separate and do not interfere with one another. 60 months ago

[elie]

Annlee said: 1 Yes it is legal..............Our prayers to you and your's! Blessings.......AnnleeInsurance Disability from where he worked IS NOT INCOME.Everyone is entitled with a permanent disability to acquire SS Disabilty...also not income.Blessings.........Annlee 60 months ago

[Ferdynand]

There are two programs - SSI and SSDI.  For both, you have to be disabled.   SSI is the Federal Welfare Program.  A person need not ever have worked to draw SSI, they just need to be disabled.  The current SSI payment is $674 per month.  Since it is the Federal Welfare program, there are rather onerous restrictions as to what you can own, and virtually any income is deducted from your payment.  The benefit payments for SSI come out of the General Fund.   SSDI, on the other hand, is the entitlement program.  You gain "insured status" by virtue of working and the basic rule of thumb is that you have to have worked 5 of the previous 10 years to qualify.  You get a benefit which is based on your earnings.  Other income, as long as it is not "earned," is not counted against your SSDI payment.  SSDI treated similarly to what your OASI payment(retirement) payment would be treated.  SSDI payments come from the Social Security Trust.   So, you can  draw short and long term disability payments, pension payments, interest payments, and other types of income without affecting the SSDI benefit as long as that  income is not earned.  And in fact, you can draw SSDI and work.  The measure of disability is the ability to work  8 hours per day, 40 hours per week,  so if you are unable to do that you are disabled.  Social Security also has a concept known as "Sustained Gainful Employment."  I believe the current SGA level is $960 per month, but I haven't checked it since the  first of the year.   If you earn SGA, that is $960 per month, you no longer meet the definition of disablity.  However, you can earn less than SGA and draw SSDI at the same time.  So, if a disabled person drawing SSDI obtains a part-time job,  working 20 hours per week and earns $900 per month, that would be permissible without affecting the SSDI monthly payment.   I hope this answers your question.  If you have any other questions  about this, just send me a message and I'll be glad to answer them.    You said your husband was injured in September 2008.  He is almost certainly going to be denied benefits.  SSDI also requires that a person be disabled for 5 full months before benefits begin, and that the disability be one that is going to last longer than a year or result in death.  Since the injury was just 4 months ago, they will  almost certainly initially deny the claim because they expect recovery.  You should appeal and ask for a hearing, which can be a long process.  Nonetheless,  don't give up.