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Old 02-28-2015, 12:50 PM #1
injuredbutrecoverin injuredbutrecoverin is offline
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Default ssdi precautions

what are the laws regarding discrimination in hiring people with disabilities? specifically if one applies for SSDI and then recovers in 2-3 years, for example, will future employers know about the disability or can they find out somehow if not disclosed by the employee?

how does this affect eligibility for group disability insurance provided by employers?

what are some of the other things to be careful of with respect to applying for SSDI?
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Old 02-28-2015, 09:49 PM #2
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good questions. i hope someone comes along that has some answers.
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Old 03-01-2015, 02:01 AM #3
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Originally Posted by injuredbutrecoverin View Post
what are the laws regarding discrimination in hiring people with disabilities? specifically if one applies for SSDI and then recovers in 2-3 years, for example, will future employers know about the disability or can they find out somehow if not disclosed by the employee?

If you are approved for SSDI, then you would qualify for the Ticket to Work Program and would actually receive more help and access to opportunities not usually available. You might want to read about the ADA: http://www.ada.gov/ada_intro.htm

Regardless if you qualify for SSDI or not, you might have to disclose pre existing conditions for health insurance coverage. If you do qualify for SSDI, you can often extend Medicare coverage for quite a while. There are also state programs for free or reduced insurance for those that qualify for disability but still work.

how does this affect eligibility for group disability insurance provided by employers?

That would depend on the employer's policy.

what are some of the other things to be careful of with respect to applying for SSDI?

Unless you qualify for SSDI with a Listed Impairment, the process can be lengthy. Think years to potentially be approved, not months. SS expects that you can not only perform your prior job, but any job above the SGA level (about $1100 per month.)

There is a possibility of receiving a closed period award if you get better prior to a hearing with an ALJ. If you believe you and your doc/s think you'll eventually recover OR can adapt to a new job, then you might consider utilizing Voc Rehab Services. If they determine you are unemployable, it Should help prove your SSDI case.
answered above in bold
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Old 03-01-2015, 02:13 AM #4
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On the off chance you live in CA, HI, NJ, NY or RI, these states offer short term disability insurance that is MUCH easier to qualify for.
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Old 03-04-2015, 06:04 PM #5
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if anyone has any other specifics regarding this question: specifically how applying to disability could impact one's future, please advise.
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Old 03-04-2015, 07:17 PM #6
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SSDI is intended for those that will be unable to work for a minimum of a year as a bare minimum. The process can be complicated and incredibly stressful. But being unable to work and have no income would not be a picnic for most people either.

If you anticipate a long term disability that will keep you from working any job, than it makes sense to apply. If you think there is potential for you to adapt and figure out a way to either work or run a business, those are probably easier and more profitable options.

Many people consider anyone applying for or receiving any form of disability benefits to be "working the system". Do other people's opinions concern you?

Are your doctors supportive of your applying? Without their support, it will be nearly impossible to be approved.

Any gaps in your employment history are going to be issue regardless of the application, so...

Without knowing what type of injury you're dealing with or what your options are, it's going to be difficult for anyone to give you much advice.

This type of general question has never really come up before, to my recollection.
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Old 03-04-2015, 07:32 PM #7
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Hi injured and Lit Love. Just a quick question if I may... I had been reading injuredbutrecoverin's questions but don't want to take it off topic too much.

In Australia we have something called "Sickness allowance" and that is
is a short term and temporary payment for eligible people.

It's different from the Disability Pension or SSDI. I'm curious if you have something similar there? It would be suitable for someone recovering from a concussion, injury or other condition that should/may get better in a certain amount of time. (off the top of my head I think max time is 2 years but need to check that)
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Old 03-04-2015, 08:11 PM #8
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Originally Posted by Lara View Post
Hi injured and Lit Love. Just a quick question if I may... I had been reading injuredbutrecoverin's questions but don't want to take it off topic too much.

In Australia we have something called "Sickness allowance" and that is
is a short term and temporary payment for eligible people.

It's different from the Disability Pension or SSDI. I'm curious if you have something similar there? It would be suitable for someone recovering from a concussion, injury or other condition that should/may get better in a certain amount of time. (off the top of my head I think max time is 2 years but need to check that)
Only 5 states out of 50 offer short term disability and I believe the max is 1 year of benefits, which I mentioned in my second post. Some companies offer disability insurance and employees can always purchase private disability policies. The government expects that those with resources to use their savings. Those that have no safety net can apply for SSI but approval delays are similar.

The reason I continue to try and help out is because I've met people that have been devastated financially by the process--those that only lose everything and destroy their credit but aren't faced with homelessness are considered lucky....

Those that are disabled but can adapt figure out a way to return to work. What I call a rather cruel game of chicken by SS... On the flip side, there are people capable of working that slip through the cracks and collect benefits fraudulently.
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Old 03-04-2015, 08:40 PM #9
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thank you for your response. i am dealing with multiple concussions in a span of a year. my doctors think that i will still recover but i'm losing hope and fear for my ability to pay for basic amenities like food and shelter.

my main concern is if i apply and am approved but my doctors turn out to be correct and i recover in a year or two, as Lara mentions, then will I be forever shut out of the private disability insurance market?

how do private insurers handle pre-existing conditions? imagine that i recover and am able to return to work. am i never going to be covered for brain injury in the future? where can i look this information up?
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Old 03-04-2015, 09:09 PM #10
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Quote:
Originally Posted by injuredbutrecoverin View Post
thank you for your response. i am dealing with multiple concussions in a span of a year. my doctors think that i will still recover but i'm losing hope and fear for my ability to pay for basic amenities like food and shelter.

my main concern is if i apply and am approved but my doctors turn out to be correct and i recover in a year or two, as Lara mentions, then will I be forever shut out of the private disability insurance market?

how do private insurers handle pre-existing conditions? imagine that i recover and am able to return to work. am i never going to be covered for brain injury in the future? where can i look this information up?
Applying for SSDI will not impact anything. The injuries themselves are the issue and there is nothing you can do about that at this point. And yes, I doubt you can get coverage on brain injuries in the future unless you find work for a government agency that self insures and doesn't have a clause about pre existing conditions.

If your doctors are expecting you to improve you're going to have a very difficult time getting approved for SSDI, unless you qualify for a Listed Impairment. The earlier you file the more backpay you'll potentially be entitled to though, so it's up to you.

If you can hold out for a bit so your doc can determine if there will be lasting complications that will prevent you from working, then you can apply later on and receive benefits going back 12 months. For example, if you received your last concussion on 6/2013 and apply for SSDI on 1/2016 with an Alleged Onset Date of 6/2013, you could receive backpay from 1/2015.
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