Impact of Long-Term Disability on SSDI Benefits
The Massachusetts social security disability lawyers of Kantrovitz & Associates have an established reputation for excellence in client service. For over 25 years, our Boston office has been dedicated to recovering long-term disability benefits for injured individuals in Essex, Plymouth, Middlesex, Norfolk, Suffolk, and other counties throughout the Commonwealth. We represent disabled workers and SSDI claimants in Massachusetts, Rhode Island, and New Hampshire. We are committed to fighting for your right to benefits, and will guide you through every step of your application or appeal.Long-Term Disability and SSDI
SSDI benefits provide cash payments to disabled individuals through state agencies. Federal benefits are authorized under Massachusetts General Law (MGL) c.118A and the federal Social Security Act. MGL c.30A enforces the SSDI program pursuant to the General Laws of the Commonwealth and the Code of Federal Regulations (CFR), 20 CFR Part 416.
In order to receive SSDI, claimants must suffer “total, permanent” disability preventing their engagement in “substantial gainful activity” for at least 12 months. Claimants continue to receive benefits as long as they are disabled, with the caveat that Disability Determination Services will review their cases from time to time to verify their continuing disability.Effects of Long-Term Disability
Long-term disability (LTD) benefits differ from SSDI in many ways. LTD plans are provided by employers—not the federal government—or through employee-purchased policies. But in most cases, LTD plans require that policy-holders also apply for SSDI. The resulting effects include:
- Deduction of Social Security payment from monthly LTD benefits
- Maximum payment is LTD amount, which is higher than SSDI amount
- Even if approved for both, policy-holder will only get LTD minus SSDI amount
- Unlike SSDI, LTD differs in required disability level, from partial to total disability
- Importance of applying for SSDI is to prove continuing eligibility for LTD payments
- Insurance company looks to federal government’s finding of eligibility for SSDI
- Advantage of SSDI is also qualifying for Medicare if no other future health care
Medical documentation is crucial to the success of both SSDI and LTD claims. LTD insurers may require examination by one of their physicians to develop the claim. Applicants should know that LTD claims adjusters can be inherently more biased than Social Security examiners.Importance of Representation
Because insurers/adjusters have a vested interest in denying both SSDI and LTD benefits, most disability lawyers handle both types of claims. In both cases, employees have already paid premiums and earned credits sufficient to prove financial eligibility for benefits. However, an experienced advocate can dramatically improve your chances of proving disability at hearing or on appeal.Recovering LTD and SSDI Benefits
If you are trying to recover LTD or SSDI benefits, the Massachusetts long-term disability attorneys of Kantrovitz & Associates can help. For over 25 years, we have successfully handled all types of cases involving eligibility for LTD and SSDI benefits. Our experienced advocates defend the rights of injured workers throughout Massachusetts and are dedicated to maximizing your benefits under the law. Call (800) 367-0871 today for a free consultation or contact us online to initiate your social security or long-term disability claim.