Disability- SSDI- Lawyers (employment, apply, collect, average)

[cyntmac]

I am on Short term disability (California) currently and it cannot go past 6 months. At that point I can apply for long term through my employer but I am not likely to get approved. I will try regardless but I have been advised to apply for SSDI at the same time. I have a long term chronic condition with no cure. Most people are rejected for SSDI initially and have to get disability lawyers if they want to try to win on appeal. The lawyer takes a percentage of the back pay if there is a win and there is usually quite a delay in receiving payment if you do win. You have to be "disabled" for six months before you can apply for SSDI and it can be a lengthy process to be approved.
Does anyone have experience with this? It may be possible for me to get Long Term dis through my employer for maybe an additional 6 months (meaning I would be out a full year at that point). At that point I would hope to be approved for SSDI. I am wanting to know about disability lawyers and how much they get if you win and are approved. What is the average time frame to get approved for SSDI? Has anyone gotten it without a lawyer? Thanks.

[ocnjgirl]

Originally Posted by cyntmac

I am on Short term disability (California) currently and it cannot go past 6 months. At that point I can apply for long term through my employer but I am not likely to get approved. I will try regardless but I have been advised to apply for SSDI at the same time. I have a long term chronic condition with no cure. Most people are rejected for SSDI initially and have to get disability lawyers if they want to try to win on appeal. The lawyer takes a percentage of the back pay if there is a win and there is usually quite a delay in receiving payment if you do win. You have to be "disabled" for six months before you can apply for SSDI and it can be a lengthy process to be approved.
Does anyone have experience with this? It may be possible for me to get Long Term dis through my employer for maybe an additional 6 months (meaning I would be out a full year at that point). At that point I would hope to be approved for SSDI. I am wanting to know about disability lawyers and how much they get if you win and are approved. What is the average time frame to get approved for SSDI? Has anyone gotten it without a lawyer? Thanks.

I called one when I was filling out a claim for my private disability policy. I thought it was a complete rip off. They don’t just get a percentage of the backpay. This one said they get 30% of your disability check for as long as you get it which means forever and ever. I thought that was ridiculous. I instead send in a multipage detailed report of everything that it happened to me and every doctor I’ve been to and everything I had tried. I had every I dotted and every T crossed. I didn’t even use the form they gave me, I typed it all out with details phone numbers etc. I got approved on the first try but that was again a private disability insurance company. But I think the thoroughness and detail I provided helped.

[ihatetodust]

If I remember correctly, the LTD offered by my employer does not pay out unless you are also approved for SSDI.

[cyntmac]

Thank you for your responses. I would not use a lawyer for LTD through my employer but there is much I do not know. I have heard that your employer can cut off your health insurance on LTD (they do cover you for the 6 months prior). I have heard this but am not sure if it's true. Also I am pretty sure that taxes come out of LTD unlike California Short term DIS which is a state program which pays like 75 percent of your pay. I also want to know if rejected for LTD- can I "resign" and collect unemployment while I wait to hear on the SSDI? Any info would be appreciated. Thanks again.

[foxyknoxy]

Get a lawyer. They get a good chunk but at least you will probably win.

[RMD3819]

Lawyers fees for SSDI are capped at 25% or $6K max of the backpay.

My wife got SSDI after a two year process. She used an attorney from the beginning.

We had a friend get approved. She was denied at the first step and then got an attorney and told us she wished so used an attorney from the start. Wife chose the same attorney form the start and it ultimately worked out.

[ocnjgirl]

Originally Posted by cyntmac

Thank you for your responses. I would not use a lawyer for LTD through my employer but there is much I do not know. I have heard that your employer can cut off your health insurance on LTD (they do cover you for the 6 months prior). I have heard this but am not sure if it's true. Also I am pretty sure that taxes come out of LTD unlike California Short term DIS which is a state program which pays like 75 percent of your pay. I also want to know if rejected for LTD- can I "resign" and collect unemployment while I wait to hear on the SSDI? Any info would be appreciated. Thanks again.

I’m confused. Do you have a doctor’s order saying that you are not able to work? If so, then why are you able to work at your current company? And if not then how do you think you’re going to get approved for disability?

[cyntmac]

I am on short term leave for the second time in my working career. I am middle aged. In California the short term is actually a state run program and then it goes to ssdi or long term dis through your employer.

[spencgr]

Originally Posted by cyntmac

I am on short term leave for the second time in my working career. I am middle aged. In California the short term is actually a state run program and then it goes to ssdi or long term dis through your employer.

or you go back to work. Being on short term disability does not necessarily mean a move to long term. Most people, in fact, go back to work.

[ihatetodust]

If you have LTD thru an employer you have access to what is called a "summary plan description". Reading it would answer some of your questions. I highly doubt you can resign and get unemployment if your doctor says you can work so not sure what you are driving at.