Re: Long term disability insurance problems

February 8, 2005

It's certainly a nightmare! I suppose I was lucky when I tried for

disability. I was 'laid off' my job of 20 years because " everyone has

arthritis " , so I filed for unemployment. While I was drawing it, I filed for

disability. Thanks to the leaders of our great country, my unemployment was

extended a couple of times. When I went into the unemployment office they

would ask, " how can you hold a job if you're disabled " ? My answer was, " if

they hire me, I'll go to work " .

It took 2 years for me to get SSD and was paid from the date I was laid off,

the same time I was drawing unemployment. Thank goodness it wasn't a

problem.

Dennis

Re: [ ] Long term disability insurance problems

>

> Your story was certainly a nightmare- and points out the need to

> coordinate benefits from the get go - none of it can be dealt with in a

> vacuum. The carriers and Social Security should explain much of this from

> the beginning and do not. The LTD should not have been allowed a double

> recovery- were you given a chance to administratively appeal that? Did

> you? I am assuming you may qualify currently for a legal services

> program - check your local county bar referral number. It may be , but I

> am not sure,still possible to sue the carrier under a contract (unjust

> enrichment) or bad faith theory- If contractual basis- you have a six year

> statute of limitation. I don't think they will go from the date of

> injury...but you need to check this out.

>

> -------------- Original message ----------------------

> From: emeraldforest01@...

>>

>> I am so sorry for all of the problems that some of you have faced with

>> LTD.

>> I am going to share mine with you. I was a school teacher for emotionally

>> disturbed adolescents ( what an oxymoron) On 8/14/98 I ruptured a disc at

>> work

>> at a summer school , not my regular school. I had to have an ambulance

>> pick me

>> up since I could not feel my feet from the knees down. I was told that an

>> incident report was to be filed immediately and this would be considered

>> Workers' Compensation. This was the last day of summer school and we had

>> a three

>> week break before the new school year began and I would return to my

>> regular

>> school. Since these were not paid days I did not realize it then that no

>> one had

>> filed any incident report at the school I had worked in the summer. I

>> had

>> found out that i had to ruptured discs and was going to need surgery but

>> when I

>> expected to be under workers' comp with paid leave I found out that

>> since

>> the school i had been working for that summer had failed to file an

>> incident

>> report workers' comp first had to investigate and eventually denied my

>> claim.

>> This took from August to February. I had to work even though I was under

>> the

>> worst pain I had ever experienced, was under incredible amounts of pain

>> medication and still cried everyday just getting up in the morning. I

>> could not

>> afford to take off though since as you may well know teachers are not the

>> richest I had just gone through a divorce and was a single mother

>> supporting my

>> daughter of 8 years and my elderly mother. I endured until March 8th

>> 1999 and

>> then had no choice but to take an unpaid leave. I had been paying for

>> LTD ,

>> out of my own pocket for almost ten years but of course had to be out of

>> work

>> for six months before I could receive any benefits. I also was told by

>> my

>> surgeon ( I had to have immediate surgery ) my Pain Management Doctor my

>> Neurologist and GP that I had already caused permanent nerve damage since

>> I had

>> waited so long. SO I was absolutely broke for the next six months, had to

>> have

>> my

>> daughter move in with her father ( who was not paying child support

>> anyway

>> and I was in no condition to deal with that ) , my mother had to move in

>> with

>> her sister and I ended up losing my home. I had to borrow money from a

>> friend

>> just to eat for the next six months. I then started receiving LTD. At the

>> same time I had applied for SSD. I was initially denied but I had all of

>> my

>> doctors backing me and by this point I had been diagnosed with RA , post

>> lamenectomy syndrome, degenerative disc disease and joint facet disease.

>> I was

>> in

>> debt up to my eyeballs with no end in sight. I had to sue the School

>> Board

>> because of denying my original Workers' Comp claim and after many many

>> months

>> received a total amount of 37,000 ( 9,000 which went straight to my

>> lawyer). I

>> appealed my SSD and went all the way to the LEA( this time with no

>> lawyer) I

>> eventually won my disability but when it came time to get my back pay

>> which

>> would have been over 56,000 since it had taken almost 3 years I ended up

>> only

>> getting 16,000 because they said they had to pay the rest back to my LTD

>> with

>> United Health Care. Now I am paying at 103.00 a month the entire 36,000

>> or

>> so that I received in LTD because they claim that I got my disability

>> and

>> therefore was overpaid. I had to pay disability for this and now am

>> having to

>> pay my LTD insurance company and every penny I won in the award I paid

>> back my

>> debts. In essence it has cost me 64,000 for a loan from my LTD insurance

>> company. When I asked SSD they said they did not understand why I had to

>> pay it

>> back twice but they had to get their money back. I do not understand one

>> bit

>> but these are the facts......

>> If anyone can explain why this is so please let me know.

>> Thanks.

>> Jacquie

February 8, 2005

Hugs to you also. I also LOVE poetry! I know I have written you before and I

will keep in touch. Again thank you for all your support.

Jacquie

February 8, 2005

Hugs to you also. I also LOVE poetry! I know I have written you before and I

will keep in touch. Again thank you for all your support.

Jacquie

February 8, 2005

To draw SSI or Medicade in Texas, you can have one house or apartment to

live in, one vehicle, and no more than $2000 in the bank. It's very

difficult to qualify for state aid of any kind. One way I stayed afloat

while waiting for SSD was to sell about 6 cars of mine, one was a family

member and a valuable collector car that I still don't like to think about.

Dennis

Re: [ ] Long term disability insurance problems

>

> You are talking about specific advice - which I feel uncomfortable about

> giving by e-mail- and it is not in my general expertise or personal

> practice. Generally, if you qualify for SSI (needs based social security)

> you qualify for medicaid. That is not necessarily true with straight

> social security disability. I would talk to an attorney who works with

> this stuff regularly- with all your numbers. If this is needs based and

> you are low income- I would call your local legal services ( legal aid )

> and discuss benefits coordination with them- with your numbers. Then I

> hate to say it- watch the new Social Security debates and see what

> happens...

>

> -------------- Original message ----------------------

> From: Margo Major <wherzmax@...>

>>

>> So with me being ok'd with federal, plus the long term

>> disability from work minus the federal, I would have

>> to take the Cobra at $453 per month as it was offered.

>> Then I would not be eligible for medicaid or medicare

>> because they offered me another plan (cobra) at work?

>> --- Choate <k.j.choate@...> wrote:

>>

>> > Yes. Also if you are applying for the federal-

>> > social security or SSI- those

>> > are also factored in.

February 8, 2005