Long Term Disability and Social Security Disability Claims

Have you ever wondered about how your long term disability (LTD) claim impacts your Social Security disability? How do offsets work, and why will your LTD carrier demand that you turn over your Social Security lump sum payment?
In this video I provide an overview of the often complicated and sometimes irrational interplay between Social Security disability and long term disability. You’ll learn that LTD companies often define the term “disability” differently than Social Security and you’ll learn about employer provided LTD coverage vs. private LTD policies. Finally you’ll learn why it usually makes sense to pursue Social Security disability even if your LTD policy does provide an offset.
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[@mmone1178]

I totally Concur! His videos as well as attorney Reeves are the best well informed videos ! They describe the process exactly ! It eased many a nights during this long drawn out process which unfortunately is getting worse. Documentation is the key. as well as your credibility in front of the JUDGE .Thanks soo much !

[@mspixiedust100]

How did yours go?

[@teambigv]

I agree Ginsburg and Reeves are the best!

[@rickeysweeney1174]

Thank you so much very detail & lots of information in those few minutes W0W!!

[@ssdattorney]

Thanks for the kind words, Rickey. jonathanginsberg.com/review-jonathan/testimonial-youtube/

[@jamesmacrina6098]

You're the only one that did it right you actually explain how it supposed to go Kudos you lawyer you did what you were supposed to do thank you

[@ssdattorney]

Thank you!

[@Parekhjosh]

Thanks for your nicely and clear explanation.

[@jimmytaylor379]

Thank you for helping me with my ssdi case

[@raydana1095]

Thanks for the info , never heard of that kind of letter.

[@joeansman2981]

I get both and this explains a lot.

[@AthenaCreamer]

Please listen to Mr. Ginsberg if you cannot work and order his do it yourself kit for about $100. We could NOT have gotten through the process emotionally without his free KZbin library of instructive and reassuring videos while waiting, hoping, praying and second guessing. We received 1000 times more info than our local attorney gave us (which was actually none). In fact, he didn't even know any details of our extensive case until going before the adjudicator. We thank God for Mr. Ginsberg.

[@JonathanGinsberg]

Thank you very much!

[@twoarrows2543]

Athena Creamer Don't know how much you were paid to make this comment, I had a horrible phone exchange with one of his attorneys today and I wouldn't give this firm a dirty look let alone a $100 bucks.

[@gaby2me236]

Ty love your channel! The Hartford is the WORST company a ever came across too.They taking all my backpay ,from social security and also my minor child’s back pay 👎🏼

[@barryluciw1431]

Great show thanks and you were a big help on my pension I was told I can get help with a handicap bathroom is this true

[@UFC16]

I've been off work for over 2 years and the insurance only gave me a one time minor payment to go away.

[@bekayezme]

Omgosh..we are in this mess right now. Long term group wants us to apply for SS right now and long term starts next month. Husband is one year away from full retirement and is now unable to work. We know nothing about any of this and I can’t sleep at night worrying about money. We got screwed over years ago with workman’s comp and don’t wanna go thru that mess again.

[@Aresfire2]

Sir, I am 53 years old, a 30% Veterans disability and worked for a major firm for 32 years this January 2016. I have had 3 heart attacks with 3 stents, have Epilepsy controlled by life slowing drugs, extreme hypertension not fully controlled, heart tachycardia's in and out of sleep, sleep apnea and my right bicep tendon has a full through tear at shoulder that cannot be repair. Now I feel my left shoulder is going as well which all ready has a staple to prevent dislocations. Also x-rays of lower back and neck showing disc degeneration. I have also Auto immune issue where I break out in massive hives that are only controlled by Prednisone. Do you feel that I have a chance at SSD. I am still fighting to work with FMLA. I worried about insurance while I am waiting for outcome for my 2 boys and I. I understand one must be out of work for a year to get SSD and 2 years for Medicaid. I work as an aircraft mechanic ...

[@Aresfire2]

Thank you, Wish me luck and prayers. I just had my 5th

[@rblewis7]

Question - how do lawyer fees work on the lump sum SSD payment back to your LTD? I already paid lawyer fees for LTD and then paid the SSD lawyer fee. Thanks - wonderful videos!

[@rvmisfitcomic8865]

Did you get answer? I’d like to know!

[@rblewis7]

@@rvmisfitcomic8865 You pay fees for both but the SSD amount is capped. I had to pay the full LTD fee even though I had to return some of the LTD payment once I received SSD. Look around until you find a lawyer with a decent LTD fee. Some of the lawyers I found wanted 20% in perpetuity. Also, in the new tax updates these fees are not tax deductible. I am no lawyer or tax expert so make sure to check for yourself.

[@JuanJimenez-li8fw]

What about state disability. You have to pay them back?

[@kellyyork3898]

If a person gets survivors benefits and then is later approved for SSDI under their own earnings record, will the survivors payments they have already received be deducted from their back pay?

[@ssdattorney]

Kelly I don't handle survivor's benefit cases - perhaps Devin Carroll might have an answer for you - facebook.com/groups/428684237572614/

[@rickwillissales]

Two other differences between SS disability and private long-term disability; depending on how you paid your monthly LTD premiums, your LTD payments may be tax free at the federal level. SS disability is never automatically tax free...it may or may not be taxed. Depending on your total adjusted gross income, you might have to pay tax on SS disability, but the IRS considers it taxable income. So if your LTD disability is reduced by SS disability, your actual spending power...how much money you actually have to spend...may go down because you may lose some of it to taxes. Second, SS disability can qualify you for Medicare, private LTD can't do that. (After 2 years on SS disability) So you might lose some on taxes, but then you might gain some (or all) back by going on Medicare instead of having to buy a private plan out of pocket.

[@glendaturner9637]

Iam still having problems getting my disability and social security

[@Gokywildcats11]

Do you have of an example letter head correct language that can be used to not to have an off set. SSDI and workers comp

[@ssdattorney]

Not sure what you are asking. Generally speaking "Hartman language" in a w/c settlement will provide that the w/c settlement should be treated not as a lump sum but as monthly lifetime payments. See atkinsdavid.com/stip-review-what-is-hartman-language-and-why-is-it-included-in-settlement-documents/

[@davidsuprenant893]

Sir ,I have a question that I've never seen the answers for.Im receiving long term disability and social security disability. My long term ends at age 66.will social security disability payment remain the same ???Trying to plan for what's ahead.please respond,thank you.

[@ssdattorney]

If you stay on SSDI, that should stay the same as in most states LTD is offset by SSDI.

[@davidsuprenant893]

@@ssdattorney thank you for answering my question.I live in illinois.

[@rujiabegum9681]

Mr Jonathon did you won my d case

[@haley670399]

Do i have to pay the Ltd offset back or can i let it go to collection

[@rvmisfitcomic8865]

Did you ever find an answer? Or what your options were?

[@NessaT419]

Hello! Thx for your videos. They are very helpful! I live in NJ and I'm currently waiting for disability to make a decision. I heard from a relative that they are now giving a 6 month retro payment? Even if A person has waited 2 years? Is that right? I hope not :) thx again!

[@JonathanGinsberg]

No, the retro payment depends on when you filed. Setting aside the 5 month waiting period (see goo.gl/2KyCNr), your past due payment may represent 2, 3 or more years. I have a case right now where the past due payment is over $60,000.

[@user-op3ls3jd8j]

👍👍👍👍👍

[@alvagonzalez2575]

Can I repay my SSDI lump sum in payment to the Insurance company

[@rvmisfitcomic8865]

Did you get answer?

[@michelletaylor369]

@@rvmisfitcomic8865 lol I’m looking for this answer too!

[@rvmisfitcomic8865]

I never got an answer. Can’t seem to find what my options are after I get my SSDI back pay.

[@thehunterofdeath2180]

Thank god i got awarded by a judge whit out see the judge yeasterday in NY i got diabetic nerve damage bulge disc deceace mental health like panic attack n inxaity to much condition i miss working but it is what is i rather be healthy n working but i got really sick thanks god at least im alive i had to live whit this condition n chronic pain too

[@cedricmaybell3904]

If you pay in on LTD on your job do you still pay back

[@DMac-uv1bl]

If I have a chronic condition that will not improve (a couple) should I even bother with LTD or go straight to SSDI? I’m leaning towards just going for SSDI so I don’t have to go through this stressful process twice. Thank you

[@ssdattorney]

Many LTD carriers will require you to file for SSDI because they can offset what they pay. If you have an LTD claim I would pursue it and SSDI at the same time.

[@DMac-uv1bl]

@@ssdattorney that makes sense, however for LTD I’ll likely not get approved due to their pre-existing condition rule so for me in my situation it’s not worth pursuing thus my interest in SSDI. thank you

[@ssdattorney]

@@DMac-uv1bl Understood. Send me an email at [e-mail] - I want to send you a link to a series of videos that I think you wll find helpful.

[@DMac-uv1bl]

@@ssdattorney thanks, will do!

[@mspixiedust100]

Where does short term state disability fit in?

[@ssdattorney]

Social Security does not offer short term disability. Typically when people refer to short term disability that comes from a private insurance policy.

[@deborahmurray777]

Yesterday I went to the doctor and he said that I am bad news my health is bad news Deborah Murray and I am on disability Deborah Murray

[@LISALISA-px3nq]

Love your videos !! I have hearing loss in my left with vestibular balance disorder. Which has taken me out of work for 6 months last year , back to work now . I work for my local county public schools .. which we have a disability retirement after 5 years of service threw the state of md . I’ve only been at this job for 2.5 years ... I’ve been screeching for long term disability online .. not threw my job . I’m single just got off the cell with ssa and mad appointment to talk to them. How long after I buy a long term disability insurance can put a claim in ? And will SSA cut my state of md disability retirement off ?? Im trying to last 2.5 more years it’s getting tuff to concentrate or even read. Plus the vertigo is awful including the migraines I’m so lost I have no idea what to do and I was hoping also can I file under my ex-husband he makes more money than I do we were married for 13 years and been divorced since 2004 or does that something that if I apply for SSDI does it have to go under my Social security?? It’s a lot and I know it’s all together messed up but I’m so confused thank you for all you do for putting this out here it really helps

[@ssdattorney]

Lisa, many LTD policies contain a Social Security offset so the question is not when can you apply for SSD (you can apply anytime). The question is whether you will see any financial benefit if your LTD policy benefit is reduced by your SSD benefit. Re the State of Maryland issue, I can't answer because I do not know. If you want to email me at ginsberg (at) gmail.com I'll give you the name of a Maryland lawyer who may be able to give you more specifics.

[@sharonadams2858]

LTD is looking for anything they can find to stop my benefits while ssdi is pending. Although I meet all of the physical and medical limitations, they're wanting to stop paying me benefits.

[@ssdattorney]

These LTD carriers are happy to accept your premium payments but not so happy to pay you when disabled. I can get you the contact info for a lawyer who does great LTD denial work - email me at ginsberg (at) gmail.com if you need his info.

[@nelsonlerena]

Nelson from vegas nv