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Long Term Disability Insurance - What I Learned

Discussion in 'Social Security / Disability Benefits' started by suebehar, May 30, 2010.

  1. suebehar

    suebehar Registered

    Background:
    When I became ill in 2005 I tried to continue working. After a couple of years and even with total support of my employer, I needed to go on disability. Fortunately I had disability coverage through my employer. Because I live in California I received short term disability from the state and my company disability insurance supplemented my state payment. I applied for SSA and was supported through the process by my private disability carrier. I won my SSA and my private insurance moved to long term disability. After two years on long term disabilty, the carrier cancelled me stating that I could do light work. This determination was made after they sent me for a functional capacity test.

    I had to get a lawyer and contest the findings. It took 8 months, but I "won" the appeal. Won meant that the lawyer received 40 % of my back payment and will receive 40% for the next 5 years. The amount requested by the lawyer was on the high side, but he was recommended by my doctor, so I went with him.

    The advice I would give for anyone facing issues with LTD would be to get legal representation as soon as you are requested to get a functional capacity test. Because of ERISA laws in the US, it doesn't cost the insurance company anything to deny your coverage. If they lose all they do is pay you what you were to receive. There are no punitive damages allowed, so they usually cancel everyone routinely after 2 years.

    Don't give up, they're hoping you can't hold out. Unfortunately the only real winner will be your attorney, but 60% is far better than nothing. I would have lost my home. I think that if I retained an attorney prior to the functional capacity test, the insurance company may not of cancelled me and I would not have had to wait for 8 months. Don't be afraid to get legal advice as soon as possible.
     
  2. Jenkay

    Jenkay Jen

    That is a very scary story. Just wondering who your long tetm carrier is? If you would rather not say that is fine.
     
  3. suebehar

    suebehar Registered


    Hi Jen, my LTD carrier is Cigna.
     
  4. macfamily53

    macfamily53 Registered

    I sure am glad you were able to get long term after so much stress.It took me over a year to get ssdi and i also had gotten a lawyer that took about 35 % of my amount i got from the ssdi.i know exactly where you were coming from thats for sure.I think these lawyers are a rip off and not sure i needed him in the end but what do you do.I do agree that never give up on getting no matter what it takes.That was the best advice i got also when trying to get ssdi.

    Tammy
     
  5. spencer jenkins

    spencer jenkins New Member

    Sue my wife is going through that currently. Who was your attorney??

     
  6. lazylegs

    lazylegs Moderator

    Hi Spencer,

    Unfortunately Sue has not visited the site recently. An answer may not be forthcoming from her.
     

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