Posted on Friday, February 4th, 2022 at 10:10 pm
A group long term disability claim is insured by a private insurance company or sometimes by a self-insured employer. A Social Security disability claim is insured by the federal government and administered by the Social Security Administration. These claims are completely separate disability claims; however, the SSD claim process and the outcome of that process can impact your long term disability benefit claim in a variety of ways. Please consider the list below summarizing just some of those potential impacts and relationships.
- An award of SSD benefits can help support your disability claim with the LTD insurance company. The way in which a SSD claim is awarded can also be relevant. For this reason, we typically recommend that a disabled claimant secure legal representation through a local, reputable SSD attorney.
- There can be different standards, rules, or definitions of disability that apply to each individual claim. It is important for a disabled individual to understand the differences and the potential impact that one claim approval or denial can have on another claim. SSA has an “all evidence” rule (20 C.F.R. 405.331) that requires SSD claimants to submit relevant LTD claim information such as medical and/or vocational reviews to the federal agency.
- SSD benefits most likely reduces the payment of LTD benefits, but serve as a “safety net” to individuals receiving LTD benefits. For example, if a LTD insurer denies or stops a person’s LTD benefits, and if the individual’s SSD claim is already approved, typically SSD benefits will continue while the disabled individual pursues an appeal and/or a lawsuit against the LTD insurance company.
- Title II SSD benefits comes with a right to Medicare eligibility two years and five months from the individual’s date of disability. Medicare health insurance coverage can help the disabled claimant continue medical treatment. The continuation of medical treatment with specialists is important should the LTD insurance company request updated medical records and opinions from your treating providers.
There are certainly many other relationships between SSD and LTD benefits. Consulting with an experienced LTD attorney from Abell and Capitan Law can help an individual better understand these potential and sometimes complex relationships between Social Security disability and long term disability benefit claims. Contact us at (267) 419-7888 to learn more about how we can help you through any LTD-related issues you may be facing.