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If I Am Denied LTD Benefits, and Later Found Eligible for SSD Benefits, Will I Automatically Get LTD Benefits, Too?

If I Am Denied LTD Benefits, and Later Found Eligible for SSD Benefits, Will I Automatically Get LTD Benefits, Too?

When individuals suffer an injury or illness that makes them unable to work, they likely to turn to two different sources for financial support: their long-term disability insurance plan (if they have one) and the Social Security Administration, which administers federally-funded disability benefits. Most long-term disability insurance plans require that anyone who claims benefits under them also apply for Social Security Disability benefits. This requirement exists because, in most cases, if a claimant is awarded both long-term disability benefits and Social Security Disability benefits, then the long-term disability (LTD) benefits will decrease dollar-for-dollar for any Social Security Disability (SSD) benefits received.

In many cases, approval for LTD benefits may come before SSD benefits, as the Social Security Administration (SSA) is notoriously slow in processing claims. However, getting approved for LTD benefits does not always mean that you automatically will be approved for SSD benefits, and vice versa.

Insurance companies that administer LTD plans and SSA have entirely different definitions of what it means to be “disabled” to qualify for disability benefits. Therefore, while it is certainly possible for you to qualify for both types of benefits, you may only be eligible for one or the other. Plus, even if you do qualify for both types of benefits, you likely will receive only a decreased amount of LTD benefits, if any, based on the amount of SSD benefits that you are receiving.

SSD benefits, however, do not decrease according to the amount of LTD benefits. As a result, if you begin receiving LTD benefits when you already are receiving SSD benefits, your SSD benefits will remain the same amount. However, you likely will receive a decreased amount of LTD benefits or be ineligible for those benefits altogether.

Bonnici Law Group has the experience and knowledge you need when filing for long-term disability benefits. We know how to help you create and maintain a strong claim and obtain the best outcome possible in your case. Do not hesitate to contact Bonnici Law Group at 858-261-5454 or help@bonnicilawgroup.com.

2410, 2024

Understanding the Statute of Limitations for Disability Policy Denials and the ERISA Appeal Process

October 24, 2024|Categories: Bicycle Accidents, Car Accidents, Law, Personal Injury Claim, Vlog|

One of the most common questions people have when dealing with long-term disability denials is: How long do I have to appeal, and what is the statute of limitations on filing a lawsuit?

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