Jump to content

Long term disability appeal


Recommended Posts

I'm not talking about SSDI - I finally won that - but the disability insurance some of us had through our last employers. I got a call recently from the attorney who is handling this and I'm wondering if it is worth he time and $250 it is going to cost me to file it in federal court. We could sure use the money but then, I have to pay income taxes on it and the lawyer gets 40%.

Link to comment
Share on other sites

I'm not talking about SSDI - I finally won that - but the disability insurance some of us had through our last employers. I got a call recently from the attorney who is handling this and I'm wondering if it is worth he time and $250 it is going to cost me to file it in federal court. We could sure use the money but then, I have to pay income taxes on it and the lawyer gets 40%.

I don't have any advice for you. I would think if you won the SSDI that LTD would have to recognize the disability. If you email me I will send you a link for a great forum that deals with private disability issues. I am currently going through the Long Term determination process myself. Wish me luck.

Link to comment
Share on other sites

Just because SSDI approves your case does NOT mean your employers LTD plan will. It's a very different ball game.

I'm not clear on your situation.....has your LTD denied your claim? If so, what was their reason?

Knowing that would help in determining if spending money for an attorney is worth it or not.

Link to comment
Share on other sites

while LTD is definitely different than SSDI, i do think your receiving approval for SSDI has merit in terms of deciding whether or not to go forth. there are so many other factors to consider though. i'm guessing you'd be getting a lot more money from LTD but am also wondering what they have told you & how much of a process you have gone through with them. are there further steps to pursue short of taking them to court? were you on LTD & they stopped it or did they never approve it in the first place? sorry for all of the questions but i am particularly interested - both for you & for me as i'm currently receiving LTD & have been approved through the end of august. two other things...do you know what actual medical info your LTD folks have received frm docs? this could help you with your decision in terms of how "complete" of a picture they have. do you have an actual copy of your LTD plan? having worked in the insurance industry, i can affirm that it's REALLY good to have the actual policy, despite the fact that you may have to work a bit to get it & that it will be long & tedeous to sort through. most likely you'll have to pursue obtaining it through your former employer. good luck & let me know if you have any questions. i've been doing a lot of reading & research on all of the LTD "stuff" so i'd be happy to point you in the right direction if able...

:-)melissa

Link to comment
Share on other sites

just reciently i was given a chance to reapply for my former employer's LTD program, as they "claim" that my case wasn't "completed corectly". as much as we needed the money i wasn't up to jumping through the hoops. we would have had to pay taxes on it, get one lump some for what they would have been paying out and i would have lost my SSDI for the 4 months they would be sending those lump sums, lawyer fees, taxes on the LTD and then SSDI wanted me to file with them and that would have lowered my payment from SSDI, blah ,blah ,blah.....and we still weren't sure if i would actually get it!!!

one month later and minus $200 for lawyer fees, i just dropped it.

i hope you have better luck then i did.

blackwolf

Link to comment
Share on other sites

Well, here's what happened.

Sept 2003 I reached the point where I had no dx but I couldn't sit up for even 2 hours so I went on full medical leave. Brfore that I had been on "intermittent" FLMA. In November I became eligible for the LTD. By then I had a dx of NMS but the LTD company had never heard of it.Then out of the blue around the end of January I got a call from them that I had been approved. They paid me back pay from November then I got monthly checks. In February I got a pacemaker but it did not help - I was still having the same fatigue and syncope. The end of May I got a letter and a check: "We are so glad you recieved treatment, the form Dr ****** filled out states you are now ready to go back to work in a sedentary capacity. We are paying your benefit through June as a courtesy".

I had never seen the doctor they had sent the form to. I called them and pointed this out but they told me it didn't matter - that was the guidelines they were using. The same law firm is handling this as handled my SSDI so yes, they have pursued all appeals available short of going to court.

According to the policy "totally disabled" would include being unable to sit upright more than 2 hours a day. SS guidelines are 6 hours according to my lawyer. How ridiculous can this get?? If you are unable to sit up for 2 hours a day how are you supposed to get TO work? I was having to recline the seat of the car and Hubby was having to take me to and from work. I still have to lie down in the car. The policy also specifically states that they do not have the same disability guidelines that SS has. My employer has pursued this as much as they can, they put pressure on them to start it in the first place. They have been great.

Link to comment
Share on other sites

did consult with attorney. I guess my problem is that he has had this case for over a year now, has done all the appeals and is just now telling us he has to have $250 to file the court case. Somehow, I have a difficult time believing he didn't know sooner that he was going to need that money. I mean, he's already getting 40% of whatever I get. And this firm has already charged me $600 for records - the same records, I will add, that I took them when I took them my SSDI case. LAWYERS!!! PHHHTTT!!!!

Link to comment
Share on other sites

in and of itself, the fee for the filing is not unusual...the court itself has a fairly hefty filing fee. i do, however, find it wrong that it's only now being sprung on you.

the fees for records, however, particularly in duplicate, seem to be over the top. i would ask A LOT more questions about this.

i'm coming from the perspective of someone who worked with attorneys & firms for years at my office...having to hire them for consults, litigation, etc...i realize that it's different for an individual than a business, but there's still room for questions. you should not be paying such a high amount if it solely is just for copies. there may be other things that you're not aware of but they should be able to explain...

good luck...both with your decision-making & with whatever direction you decide to proceed...

:-)melissa

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...