frustrated and directionless
 

Im a middle age/single living with older family members.

i dont wish to say too much publicly, but my employer was reorganizing to "get rid of the lower producers" so i reluctantly went on LTD as i felt with my health condition i could not do the new job requirements and the environment was not supportive. (I was using much fmla time which is the only accommodation they offered)

I cant afford to live on disability (or the new salary they were offering me), but i feel its an only option as i need the medicare to pay my medical bills which are steep. With my legitimate health limitations i don't think i would be able to get another job without accommodations and even then i dont know if it would succeed.

My DI wants me to apply for SSDI. Part of me is concerned about the label. or applying and failing.the other part of me is wondering if applying for ssdi,and getting the medicare would allow me to have a small business part time on the side and generate up to 1000 a month. if the small business grew such that it could generate more, then i could go off and be eligible for obama care. if not then i would still be able to stay alive at a substandard level.

my DI has a company they recommend to help with ssdi but im curious if it is better to not to use them and i don't want to unintentionally have to pay fees i don't have.

I noticed those on this forum have been helpful with those considering ssdi.
any thoughts you have are appreciated.
thank you

Most LTD carriers require beneficiaries to apply for SSDI within a certain time frame and if they fail to do so, they forfeit their LTD benefits.

You REALLY need to read your policy very carefully. ERISA policies in particular are a nightmare... Often disability benefits that have any mental health factors will only last six to 12 months.

Expect to be followed and/or videotaped at any point by the LTD carrier. They may question your neighbors, former co-workers, etc.

Usually the LTD carrier will offer to cover your legal expenses to the referral. (whether this is a good idea is a matter of opinion.)

You might even be entitled to hire an attorney or service at no cost (depending on your LTD benefit compared to SSDI benefit) since the attorney gets paid first and the LTD gets the balance.

Depending on your age, type of work and disability, the SSDI process might take a few months or could take battling for years. The details make all the difference.

Don't expect that you can be approved for SSDI and then fly under the radar by making $1000 per month (just slightly less than the SGA amount). If you wanted to either find a job or start a business, you should look into the Ticket To Work Program which would offer you some protections while trying to adapt to the workplace.

Thank you

Im really not ready to go out on ssdi. but i cant work the long days of a regular job anymore and am concerned that it may be a hostile work environment.

my ltd says i have to apply for ssdi. i think they said if i use their attorney AS there is no cost. if i go elsewhere i would have to pay my own way. can i use any or do i need to use theirs?

im not implying i would make the 1000 it may take a couple years or more to build up to that (if possible at all ) but i dont like any of this. being home is not my personality but because of health conditions i need the insurance.

Are you using the time off to look for other jobs that might be a better fit for you?

For SSDI I think it helps to have consistent & supportive drs records/reports & some sort of proof that you cannot do any gainful job..

It's hard to know what steps to suggest without knowing what you can & can't do, or what your health limitations are.

thanks for your response.
im not sure what i can do/cant do.

i saw that there were members here that were helpful in applyig for ssdi instead of lawyers
discussing these things further might be better in a less public way.

. i was hoping there was someone i could talk to off list more personally to guide in these matters

t

im not sure what is the better strategy.

to get ssdi and then try to go back to work.

or try to go back to work and then if fail, go on ssdi.


while i have the LTD i was thinking it might be the ideal time to get the approval, rather than attempt when i have nothing and have to hold out while i have nothing.

Have you read thru the sticky threads of how to start a claim and tips etc?
That is a great place to start and will help you sort out if SSDI is feasible in your case or not.
here are the links for those-
http://neurotalk.psychcentral.com/thread148967.html
http://neurotalk.psychcentral.com/thread120255.html
http://neurotalk.psychcentral.com/thread367.html

Exploring previous threads will be helpful too, to read what others have experienced.

Attorneys and non attorney reps are always paid out of backpay by law. Let's say you receive $40,000 in backpay after a long battle trying to get approved. Your attorney would receive the $6000 maximum off the top directly from SS and then you would receive the balance of $34,000 which you'd need to give to your LTD company. It's a loophole I figured out for a friend. She was able to confirm that her LTD company was only entitled to the balance. YMMV of course.

It's always better to work or run a business if you're able for both emotional and financial reasons. I'm not trying to discourage you, but many people read the rule about SGA and figure SS will not review them if they fly just under the radar and make around $1000 per month.

The rules for running a business aren't just based on SGA, unfortunately. Let's say you spend 40 hours a week and only make $500 per month, then you definitely are capable of making the SGA amount and may lose your SSDI benefits. Take a look at this link: http://www.disabilitysecrets.com/res...ess-and-still-

The easiest (relatively speaking) and fastest way to be approved for SSDI is with an Impaired Listing. http://www.ssa.gov/disability/profes...ltListings.htm

About 1/3 of beneficiaries are approved that way, about 1/3 are approved via the Grid Rules (applies to applicants that are 50 or older), and about 1/3 through the 5 step process.

link for SS's internal Sequential Evaluation Process for Determining Disability:
http://www.socialsecurity.gov/oidap/...Evaluation.pdf

You may pm me if you want a non expert opinion about how difficult your road to approval might be.

thank you for your helpful response

I dont know if I should get SSDI and then attempt some work return or ask my employer to take me back and then apply for SSDI if that fails.

Because of LTD i do have to apply for SSDI now.

The three ways to go forward include the companies group (which claims to have 60% success on the first try), an independent attorney, or doing it myself. This is my current dilemma. all of these groups sing the praises of the extra services they offer if i go with them. most have had concerns in all the above also.

Im wondering if its better to be approved on the first try so i can start planning my life appropriately. It caught my attention is that there was a member Mike who had a friend that helped people succeed on the first try i dont know if he is still here. I appreciate Litlov's offer to talk off site and am open to other ideas.

I am hopeful that I can qualify under an impairment and possibly even a compassionate allowance.