Long Term Disability and Social Security


Video Transcription:

“Hi, my name is Andrew Kinney. I’m an attorney at Hoglund Law. I practice in the area of Social Security Disability law. Today I wanted to talk about Social Security benefits and long term disability.

Long term disability is private disability insurance usually paid by an employer. But, occasionally someone can get long term disability policy in the open market. It’s no different than health insurance, some people get it from the employer and then some also pay for health insurance on their own. So, long term disability is not associated with government. There are private insurance companies offering this. Long term disability coverage is good and if you have it, in my book, you are very lucky. The reason is this: If you have long term disability coverage and you get injured at work and you are unable to work, maybe something happened at work or something happened at home, you would be able to get some benefits to replace income when otherwise you would not have been working. How is it important to you?

If you’re in a position where you’re working and you have long term disability insurance offered through work, the first thing to find out if you have it. If you do have long term disability insurance when can you can apply for it. There may be times where there is short term disability and short term generally is 0-6 months after you’re disabled. Not all companies have both short term and long term disability. So it’s good to know what your benefits are as an employee.

If you are making the long term disability insurance claim through your employer or perhaps directly to the insurance company what’s very important is that there’s almost always Social Security offset clause in your long term disability contract. What I mean is the long term disability contract anticipated you apply for Social Security benefits and if approved, you will actually have to pay the long term disability carrier back for those months that you get paid both when social security looks back.

I’ll give you an example that would be helpful. I had a client yesterday that was getting long term disability insurance ad she had to go to a hearing and we eventually proved she was unable to work and she would get 2 years of back pay and those 2 years of back pay would actually go to the long term disability insurance carrier by their contract. And so in a way the long term disability carrier advanced the money on to what eventually became a social security claim.

So not to get to technical here, what is important for you to know? If you have a long term disability claim you will generally be contacted by that disability insurance company to get representation to apply for Social Security. In fact it’s generally mandatory that you do that to be able to get long term disability benefits.

Who can help you? Well, you can make your own choice as to who represents you in at least the last ten years I’ve seen a change in the long term disability industry. They used to allow attorneys to help clients get on Social Security Benefits, attorneys like myself. So over time there have been non-attorney processing firms that I’ve seen that have taken over and have gotten group contracts with long term disability carriers. So if you want an attorney to help you, you have a right to hire anyone you please if you have a long term disability claim and any money, a quarter of back pay, something that would go to the attorney, is not something that would go to the long term disability insurance carrier.

So hopefully if you have this situation this video helped but if you have more questions about long term disability and how it impacts social security disability claim you can call 1-800-850-7867 or you can feel free to get information on our website that’s right below. www.HoglundLaw.com

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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