Update on ALJ and Hearing Decision
 

We just got our letter from the Judge today, "fully favorable decision". Yes, he won his case. The Lord is good and has blessed us in so many ways.

Husband called me and I really thought he was doing an April fools joke on me....so I had him read me part of the letter.

Just so happy....for all those waiting for decisions and appeals, I hope you all get fully favorable decisions....:)

am so happy :D:highfive: god bless god bless:hug:

You seem on top of everything, but you do have direct deposit already set up, correct? Often the first deposit hits before you receive the FF letter...

Congrats! ;)

We have direct deposit. Our situation is different because we have LTD insurance and they get the back pay(and they pay the lawyer out of back-pay). Plus it only took only 10 days to get the decision.

So no big deposit for us.....

The only thing I need to check on is if they get the back pay for just long term insurance coverage period or if they get it all the way back to when he was on short term before going directly to Long Term. Which is the date the Judge awarded husband(when short term started which was date of his surgery).

The other thing, I just checked the SSA site for status on Friday and it said no decision had been made. But today, got a letter. So the site was not updated.

Usually your LTD carrier foots the bill for legal fees... :(

Yes they said they will give us a credit on the offset for attorney fee. I am confused about all of this. Do you know if the offset is the entire amount the LTD paid you while awaiting approval for SSDI or is it the difference of what you should have been paid EXAMPLE: SUPPOSE amount we get is 2500.00 and SSDI amount now shows 1900.00. Does LTD take back the whole 2500.00 x however months they paid you or do they take back the difference of 600.00 x however number of months. Confusing...

Congrads on the favorable decision, IB !

Thank you:D

Husband went to the bank and called me...said wow, we had a huge deposit made to our account.

So it seems SS did pay us directly. I thought, they would send check to LTD.

We did find out that what LTD gets in back pay is the amount SSDI would pay us monthly not the entire amount LTD has paid us(which includes the dollars to make us whole at 60% of husbands pay).

We will get some of the money,but big chunk goes to LTD carrier.

That is great news for you. Now its our turn..

Odd. With an attorney, SS holds out the amount (or a bit more) and pays them directly. You can receive up to 80% of your previous wages, was his LTD that high???

I am so praying over your case and hoping that it all comes out favorable. We were fortunate to get a good judge...husband wants to send him a thank you note. Gosh if anyone needs SSDI it is you:wink:

Husband called SS today and they said the attorney was already paid from our back-pay. They paid them first, then us. Husband LTD was 60% of his wages. SS paid husband 15 mos of back pay. I am confused about the 5month waiting period, so SS never pays for that first 5 months of waiting correct?

LTD person told husband today that they will only get the SS amount that excludes any COLA adjustments (they are not allowed to get those raise amounts).

We now have to wait for paperwork showing payment from SS etc. Then we give that to LTD, they in turn will invoice us what we owe them. We then write them the check.

Yeah, I thought SS paid LTD CARRIER not us.

You need to speak with the LTD carrier or dig out the contract.

There is a possibility, that he will receive more money than you thought. Let's say he made 10k per year. LTD paid 6k. SSDI pays 4k. Your hubby's can receive 8k. So he can keep 4k from SSDI, and his LTD is reduced from 6k to 4k.

I might be WRONG. Please check.

Yes, 5 months after onset would be 1st eligible month for benefits.

Ahhhh....so that is why you said he could receive up to 80%. I just assumed since they have been paying at 60% and that is what the benefit said from his HR department, that is what they would continue to pay us(the diff after ss amount, to bring him whole to his normal 60%). So you are saying that once they get approved for ssdi, it could jump to 80% from 60%?.

I will look for the book from Liberty...had a tip from this forum to make sure I get a copy of their book...

Thank you, will let you know what I find out.

Yep. SSDI is supposed to reduce their exposure.

It'll be in the fine print though.

Also, issues such as COLAs will be a factor as well. ;)

I found the contract, and found nothing in there saying he was entitled to 80%.

LTD explained that whatever his ssdi amount is from the first check is what they will calculate what we owe for backpay. Then they pay the difference between his ssdi payment to make us whole at 60%. LTD goes down now that he gets his SSDI.

The 80% is a SS rule.

Well, that's unfortunate. If this was a benefit provided by the employer, I suppose you could have bought additional coverage. This means his standard of living is substantially reduced. :(

This was a benefit paid for by the employer. 60% was the only option they gave their employee's. It's the same at my work. I work at a huge company, very well known name, etc.

I am so glad we didn't buy a private policy in addition to pd one by employer. Each policy would get the back pay unless it was a non-integrated policy. Non integrated, they don't ask for reimbursement of back-pay, but those are usually very very expensive.

I will check the SS booklet for the 80% rule. Thanks for your help and discussion:)

I checked into 80% rule; it applies to workers comp. You can only make 80% of combined pay of ssdi and workers comp not to exceed 80%. If you have a LTD poliyc, it is whatever they write for, like 60%.

It definitely applies to WC, but I thought I had read it could apply to LTD as well?

The logic behind it is that WC benefits aren't taxable. Apparently some LTD benefits are and some aren't. If the employer pays than they are apparently? (Were they taxable in your case?) This would make the spread actually bigger, but if the rules of your policy say no, it's a non issue.

Out of curiosity, does the LTD have a COLA?

Congradulations, I called the SSD office today and I too have a fully favorable decision so glad for everyone who makes it through especially struggling along the way. GOB BLESS.

Congratulations....prayers for those who awaiting decisions and yes, struggling through the wait and process.

Hubby's is taxable because his employer paid the premium. If you pay it, it's non-taxable.

I did read something about 80% but it was in regards partial disability. I didn't see COLA adjustment in the contract. I did see something in regards to a consumer index...but that fell under workers comp section.

Do LTD's have a COLA adjustment? I know the lady from LTD told husband they wouldn't take the COLA part of his SS for backpay( I read where they can't anyways due to Fed law). But she didn't mention to hus about a COLA adj for LTD.

I suspect when he is up for a review in the fall; they will find a way to not pay him. She told him our criteria for disability is different then SS...so we are waiting for the harrassment calls for him to go to work at some point. We have already discussed if it starts or they start surveying him, we will tell them to stick it up their cans...just not worth it.....

FYI- finally got our letter explaining payment breakdown, review, etc.

Hubby got a 5-7 year review..:winky: