Lay off and disability claim

[GardeningMSer]

I received notice today that four of the six members of my small group would be laid off effective Oct 2. This includes our group's manager.

I'm not at all surprised, our group is staff, not line, and considered to be overhead. I knew this when I transferred in 5+ years ago, but also knew that staff work is a lot easier on mind and body.

Coincidentally I've been considering asking my neuro to sign the papers that would put me on first short and eventually long term disability - since April my workload has increased and my fatigue with it.

I'm trying to get in touch with a lawyer a friend used when he was laid off due to a major personality conflict, but he is vacationing on Cape Cod and not swimming because of great white sharks.

In the meantime I'd appreciate someone pointing me to a site, either here on BT, or elsewhere that would give me some insights into the process and whether I'm too late.

FYI I'll be 61 in December and live and work in CT. My wife and I can weather an earlier than expected retirement, but I wouldn't mind making a claim on the disability insurance I've been paying for all these years.

Thanks,

G

[newlyb12def]

There is a social security forum here on BT:
http://brain.hastypastry.net/forums/forumdisplay.php?f=64

A lawyer is a good idea, especially if you plan on filing SSDI. They can make sure your medical records are in order for your first application- making approval more likely early in the process.

If you've been paying into STD and LTD all these years, ask your doctor if he/she will sign the forms. The SSDI process is long, and those benefits will come in handy while you wait.

Did you receive a social security statement this year? It should have your expected retirement age, and will state what your monthly benefits would be if you retired at different ages.

At least speak to the lawyer, the initial consult should be free.

Kay

[RandomThought]

Hello,

I don't recall if you were around when this member used to post here...his username is/was "Willysnout" and he has posted a detailed discussion of this very topic elsewhere:

http://willymsrant.blogspot.com/2006/11/disability-insurance-basics.html

I hope you find this useful :)

http://willymsrant.blogspot.com/2006/11/pragmatic-look-at-filing-disability.html

If you follow the links within the posting you'll find that he has covered this topic fairly thoroughly...

[mmcc53]

I received notice today that four of the six members of my small group would be laid off effective Oct 2. This includes our group's manager.

In the meantime I'd appreciate someone pointing me to a site, either here on BT, or elsewhere that would give me some insights into the process and whether I'm too late.

I would make very sure that you file immediately. Right now you are still employed. Get the papers from the disability company immediately - and from this point on - EVERYTHING is in writing.

Fax and mail the request - keep the receipts the fax prints out and send the letter so a signature is required.

SS is not such a time issue - you can file when you get around to it, but the private disability company is.

Call your doc and explain that you need a copy of your records immediately. Stress immediately and explain that if you don't file immediately, you could lose income for the rest of your life. Ask for his letter supporting your claim, but go pick up the records, whether or not the doc has the letter ready.

READ the records before you COPY them and send them they are frequently full of errors. Make 2 copies - you will need one for SS and one for your personal records. Contact all docs you have seen - this will also be required.

You can send the disability forms and any records that you get in the next few days in and note that the rest of the records will be forthcoming. Again - send them so a receipt has to be signed for or pay for a messenge service which will get a signature.

If possible have someone pick up the forms for you (do not go yourself)

Do not wait for the medical records or anything else - most important is to get those disability insurance forms filed.

Seeing a lawyer is good idea, but I think that getting those forms in well before the deadline is critical. Go out on sick leave tomorrow. Do not return to work - you are disabled BEFORE you are fired. Once the dust settles, someone can go pick up your personal stuff. Do NOT go in to "finish up" anything or for any other reason. Fax a letter to your supervisor letting them know that you are taking sick leave. Do not give any additional information - like that you are filing for disability.

Throughout the process, give your former bosses, supervisors, company personnel no more information than neccessary. It make take time to consult a lawyer.

Remember that when filling out disability forms, you want to keep your WORST days in mind, not your best. That is harder to do than you think. Certain things are important to include - read the disability insurance policy carefully. You want to make it clear that you are UNABLE to work. If the filling out the form does not make you cry, you have not been brutal enough.

VERY IMPORTANT:

1. EVERYTHING must be in writing from your employer. Something someone says to you means NOTHING.

2. DO NOT DISCUSS your filing for disability with ANYONE except a lawyer - especially people at work, including friends.

3. Trust NO ONE at your workplace. It is not in the company's interest to have you approved for disability and people are afraid for their own jobs.

Seeing a lawyer is an excellent idea, but in the meantime, stay home and get moving - this is a massive income you are talking about and a whole lot more than you will make going to work. It must be your TOP and ONLY priority right now. Don't bother posting, emailing or anything else until you get those forms filed.

I am not a lawyer and you should understand that your actions should not be governed by my advice or anyone else's on a web site. However, I was in the same situation as you. Don't delay

[LaCeli]

Great advice mmcc53. And so right, the STD claim is a top priority.

I was out on STD for 2nd time which turned into LTD. I was still working F/T so my SSD is based on that.

I kept meticulous medical records from point of Dx and both STD claims. Sent in 125 pages with my initial claim. I was approved the first time, but I did have to see their Dr. & Psychiatrist.

I'm grateful that I receive SSD and LTD. The LTD is not much (I worked for a non-profit) but it helps.

Good luck!!

[ssusan]

I had my position of 25 years eliminated a few years ago. I applied for STD during my 2 weeks of still officially being employed. That turned into LTD 6 months later, and a year later the disability company made me apply for SSDI, They hired a company to take me through the process. It made it very simple and they have a 98% success rate.

I continue to work very part-time, more for my mental health than my income since the private disability company takes most of it. They still give me the difference between LTD and SSDI which is less.

I am very grateful I applied for STD while still officially employed.
Good luck!
-Susan

[newlyb12def]

I wish I talked to mmcc53 before I filed for disability...

I kept trying work, and waited too long to file. I guess I couldn't admit that it was time. I haven't worked full time for over a year, and was only able to hold down a job for a month in January. I finally applied for SSDI in March, but my onset date is Sept. 08. We're in a bad way financially.

[RandomThought]

:(

Sadly, it would appear that the original poster got an unexpected pink-slip after all.

[knowsalittle]

Disability examiners love to look at a case like yours and point out that you are leaving your job for reasons totally unrelated to any disabling medical condition. Your post suggests you would continue to work if you were not being laid off. If that is correct you are going to have an uphill battle proving you have a medical condition that is so severe that it meets the SSA definition of disability, i.e. it is expected to result in death, or is so severe that has lasted, or is expected to last 12 months AND prevent your performing ANY type of gainful employment.

You did not indicate what type of medical condition you have, or even that you have a medical condition that would meet that standard. The only clue you give is that you are considering the possibility of thinking about maybe talking to your neurologist about signing some unspecified papers that will magically put you on short & long term disability.

Who is the provider of the short term & long term disability for which you will be applying? What are their standards for disability benefits? SSA does not provide any short term disability benefits and the fact that you may qualify for some 3rd party disability has no bearing on you qualifying for SSA disability.

Your statement that you are considering talking to your neurologist suggests you have some type of neurological order. Can your neurologist document from his/her records that you have a diagnosed medical condition that meets one of the SSA standards listed in http://www.ssa.gov/disability/professionals/bluebook/11.00-Neurological-Adult.htm ? If so, your working is not an issue.

If you do not have a medical condition that meets one of those specific standards you must prove your medical condition(s) would prevent your performing your past work (the work that you are currently performing and presumably capable of performing until you are actually laid off), or some other work with similar physical and/or mental requirements, or some other work of lesser physical and/or mental requirements.

What benefit do you receive if your condition(s) is determined to meet the SSA definition of disability? You will receive full retirement benefits as if you had worked until your regular retirement age – i.e. there will be no penalty for early retirement. Contact your SSA office to find out what that means in your specific case.

Again, your post does not give nearly enough information to make a valid determination of your eligibility. You may have been working for a number of years in spite of a condition that meets the SSA standards.

I had a friend who called me & stated he had had it, he had gone as far as he could go. My advice was for him to go to his doctor & get a simple, one page letter stating that he could not walk w/o his crutches & braces because of his polio and to take this letter to the SSA office when he filed his application. He asked why that specific wording & I replied that in all probability his crutches & braces were such a natural part of him that the records the doctor may send to the disability office would not mention his need for assistive devices. His application met the standards of 11.11C & was approved in 1 week.

If you have a condition that meets the requirements of one of the sections of http://www.ssa.gov/disability/professionals/bluebook/11.00-Neurological-Adult.htm prove it.

If not be prepared to document how your condition(s) affects your ability to perform work related activities. Stay on point. Your friend having a personality conflict (and not a personality disorder) has nothing to do with your ability to perform work related tasks. The attorney he used may/may not be the best person to help with a SSA disability claim.

[newlyb12def]

Hi knowsalittle,

The original poster, GardeningMSer, has Multiple Sclerosis. I know this because this is an MS forum, and GardeningMSer is well known to our community.

You gave some pretty solid advice- and thorough. Thanks for taking the time to post.

-Kay

[0357]

Keep track of the days you go home early or arrive late because of fatigue, etc.

Fatigue alone will not get you disability; make sure you list all MS symptoms.

Your doctor is the key to your disability; does he/she know of your plans and agree it's time.

Keep dates of all tests run and too keep track of doctor appointments and their addresses and phone numbers.

Keep your answers to their questions brief but to the point.

Best of luck to you... Take care.