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I can not get SSD or SSI, what do I do now?

ldmobleylldmobley Posts: 36
edited 06/11/2012 - 8:52 AM in Health Insurance Issues
Hello all,

Well I got some very upseting news today. I talked to an attorney's office today about filing for SSD and I was informed that because my "date last insured" was 12/31/2009, I can not apply for Social Security Disability. I have been working up until my accident, however, I am a teacher therefore I do not pay into social security. I pay into teacher retirement. Yes, there is a disability option through that but I have only been paying into that since 2009, so I will only be able to get $150 a month. YIKES! AND, I can not qualify for SSI because my husbands income is too high.

My NS suggested me go on SSD back in 2009 but I refused. I am young and "thought" I would get through it, but I find myself in worse shape than I was then and feel like I am without options.

I have LTD and it is available until age 65. Being that I can not get SSD, can I take LTD instead (permanently?). If so, what about health insurance?

I am lost! My only option seems to be Long Term disability. I need advice/comments/suggestion on what to do.

Please let me know your thoughts!



  • SpineAZSpineAZ WiscPosts: 1,084
    For Group Health Insurance, through an employer, once your coverage ends you can enroll in the insurance through your husbands employer with no worries about pre-ex as long as there is no gap of more than 63 days from the end of your insurance to enrolling in coverage under your husband's employer. When your insurance ends through work you should get a form denoting credible coverage, it will show that you were insured for health insurance from X date to X date. Often your husband's employer may ask for this form as you did not enroll in his coverage when he first took his job and enrolled in health care. This is all under the HIPAA law

    As for LTD, yes, go for it. All of us who have LTD have SSDI deducted from it. So if we are awarded $3500 in LTD and SSDI awards $2000, then LTD is changed to $3500-$2000=$1500. So every month the person gets $2000 from SSDI and $1500 from LTD to equal the total of $3500. Neither SSDI nor LTD were meant to work in combination to provide income equal to your prior income. SSDI is well aware that LTD insurance companies offset SSDI.

    So you should apply for any disability pension, disability retirement, and LTD that you may be eligible for. Some LTD policies will offset what you can get from disability pension/disability retirement and will require you apply for it (and will require proof of SSI/SSDI denial so you'll have to actually apply to prove you can not get benefits). So if you get $3200/mo under LTD they can deduct the $150/mo from the Disability pension/disability retirement.

    If the lawyer you talked to is local, take a chance and call a large national SSDI law firm. Sometimes they can work through some issues and explain why you did not apply etc ("she was employed as a teacher and was misinformed that she was not eligible to apply for SSDI", etc) It's worth a try.
    2 ACDFs, 2 PCDF, 3 LIFs; Rt TKR; Rt thumb fusion ; Lt thumb arthroplasty; Ehlers Danlos 
  • I don't know what to tell you. You have pre-existing conditions so getting on your husbands insurance is probably out of the question, at least for now. I don't know a lot about these things..actually not much at all, but, I knew enough when I divorced back in 93 to not re-marry because of my medical issues. I have been proposed to more than once since then, but never felt comfortable putting anyone in a position to have to be a burden to them..and that is just how I felt. I worked as long as I could, but my choices for surviving (raising 2 sons alone) were to either sue my Dr or file for disability. I filed for disability and quit working in 1995, I won my case in 1996. I only did it for the medical and because I have had to have so many operations it would have been impossible for me to do anything else at the time. I was and am still so grateful for the choice/s that I had available to me, but I always try to remember that though I was a valueable member of society and paying taxes way before I should have allowed to, that others are working very hard now for the privilege that I am provided and do my very best to never overstep, take advantage, overuse, abuse, or in any way undervalue the way of life that involves having many advantages and opportunities that this special benefit allows me.

    You will need to check with your people to know if your LTD is available to you at this time, but as you mentioned being young.. I would think that this would be different. For instance, if you broke your femur and had to be off work for several months or so..possibly up to two yrs.,LTD is not the same as early retirement, in that you can not continue with the disability until retirement age ..but like I said, I don't know too much about these things.
    Edited to strike out my terrible misinformation-ha ha, but thank you to spineaz for clearing that up...lol.
  • SpineAZSpineAZ WiscPosts: 1,084
    Most LTD plans have a provision that if you again become disabled and unable to work due to the SAME OR RELATED condition within 6 months you can go back on LTD.

    LTD can never force someone to go back to work, however the claim can end at any time in which the LTD ins co deems the person no longer disabled.

    Many LTD policies pay the first 24 (or 36, etc) months based on the claimants inability to do his/her OWN occupation. After the initial 24 (36, etc) months the claimant must be disabled from ANY occupation for which he/she is qualified, able, experienced and educated and within reasonable range of prior income level.

    My LTD started 10/2009. My OWN occ period ends 10/2011 and as of 10/2011 LTD must find me unable to do ANY occupation for which I am able, experienced, educated, etc. I'm not sure how that will go yet, I expect soon they'll begin asking questions regarding my treatment, doctors, meds, etc.

    If I'm found able to do ANY occ then LTD ends regardless of whether there is a job available. It's purely based on my ability to do ANY job, not the existence of job opportunities.
    2 ACDFs, 2 PCDF, 3 LIFs; Rt TKR; Rt thumb fusion ; Lt thumb arthroplasty; Ehlers Danlos 
  • When I injured my back I first went on Short term Disability from work then not being able to return to work it became Long Term Disability and my work paid for my insurance for 30 months and now I'm paying for it through my work and they still pay my life insurance until I'm able to come back to work or the end of 2012 when I have to collect my work pension and quit my job and I've been out of work for 3 years. LTD makes you apply for government pension or your work pension after 12 or 24 months. Human resources will help you through the process and see if your work pays for yours like they did mine for 30 months and now I pay about $250. a month for drugs and Physiotherapy but hopefully you can get on your husband's insurance. I hope everything works out for you. Charry
    DDD of lumbar spine with sciatica to left hip,leg and foot. L4-L5 posterior disc bulge with prominent facets, L5-S1 prominent facets with a posterior osteocartilaginous bar. Mild bilateral foraminal narrowing c-spine c4-c7 RN
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