Question about income limit

[kelly in MD]

I'm trying to find out how disability retirement income would be treat by SSA. This is a big "for example" right now but if I was to receive 1200 per month in disability retirement pay and did qualify for SS disability, would that make me ineligible, or are they separate programs (like they would be at regular retirement)?

Any information is appreciated.

Thanks,

Kelly

[backless]

Your disability would have no effect on SSDI.However,it could be that SSDI has an effect on your disability. i know some disability programs want an offset from the SSDI.Some disability programs expect you to apply,so they can then deduct the SSDI from the disability.

[kelly in MD]

I don't think that SSDI would effect it since it would be actual complete retirement from the State. Granted, it would be an early disability retirement, but it's not like disability insurance (which, unfortunately, I don't have).

I thought that I was still eligible for SSDI and I found a link to disabilitysecrets.com through the other forum when this one was down. I started worrying a little when I was reading about the 830.00 income limitation today. I thought that this was for people who could actually work, but I wanted to ask the question. I am in the early stages of this and thanks for your response. I'm really freaking out at the thought of all this.

[backless]

Kelly.thats a big problem with the ssdi wait. our minds are continuing to think while we wait.the 830 is indeed an amount that people in the ticket to work program are to go by.the important thing tp remember with ssdi,it is EARNED income that would hurt you,not inheratence,or stock,etc.have you applied for ssdi yet,you can do it over the internet or by phone. good luck

[LeslieRN]

Hi everyone,

Kelly,

I have been on SSDI since 2001 with benefits tht went back to the date of my spinal surgery. (12-22-00) Funny the reason they approved me was for fibromyalgia and rotator cuff tear (if you can believe the LTD company.)

Anyway I was denied LTD for various reasons including giving me a list of nursing positions I could do- most if not all were not sedementary and they also required additional college and years of experience.

Then they finally denied me for "preexisting condition". They used a list of prescriptions and what the docs prescribed- they also used parts of statements in the doctors notes. In addition, they never considered the list of medications that I have been on including several narcotics, muscle relaxors, antidepressants etc. - all with alot of side effects. These side effects would definately keep anyone from doing anything let alone working.

This company is the one which was sued and lost and had to reassess all the people they denied. It took me the best part of 3 months to write a letter tearing apart every excuse they used. In addition, I explained in detail the effects of my meds.

I then sent a demand letter to get in writing why everything was taking so long- they have I think 90 days to get the decision made and everything completed. I had been waiting over 5 months! But their response was More excuses, Dated August 21st

Last but not least, I got some very good information- call your state representative and the State's Insuranace commission. I actually sent the insurance commission a copy of the letter I sent to the insurance company.

The response to my demand letter was more excuses. BUT I received 2 letters dated August 30th - one told me that they had REVERSED THEIR DECISION TO DENY ME BENEFITS!!!

The second letter was a detailed list of reasons why they made they changed their mind about paying me the benefits. So the 1st one was dated August 21st and the other 2 were dated August 30th- 9 days they made the decision. It really helped having the state rep and insurance commissioner looking over their shoulders!!

I received 5 years of 60% of my nurse's salary !!!! I also received a check for the interest on that big check.

I received a lump sum from SSDI and then monthly payments. They subtracted that amount from what they had to pay me. In addition every monthly payment has an amount of SSDI deducted.

funny thing- I thought I was getting 60% of my salary is that the figure before they deduct SSDI or after??

But yes they will deduct what you get from SSDI from their disability checks.

Hope this helps

Leslie

[backless]

Kelly,I bet your head is spinning now.In Leslie's case,her disability benefit from her job,as "I" understand from what she writes is a disability insurance,which in my first post I explain that these ins. co's sometimes REQUIRE the injured worker to apply for SSDI. Of course this is so the Ins. Co.can reduce "their"portion buy by the amt SSDI pays.I believe what you rite about is a disability retirement given by a state agency.I know for example police and firemen hurt in the line of duty are retired on a disability retirement,this retirement (disability)is not affected by any SSDI should the injured become eligible.All this said,I believe you should now look for "Professional "advice.Have you called human resources from your place of employment?do you have a union,.Im sure there is some dept.whithin your state that can help you. Surely you are not the first .In Leslie's case, the Insurance company like many other Ins. Co. make the rule that if you get SSDI they get to reduce their pmt.That to me is wrong,but they are a bigger dog than I.Your disability retirement is a benefit you have through our job and the word "retirement" gives it a distinction .Call your retirement people and give them a " if I get SSDI does anything change question"

[RustyD]

What Backless said above is exactly what applied in my Case.

Cigna LTD guaranteed 70% of my salary, less what social security provides.

If I did not apply for Social Security then Cigna would reduce what they paid me by what they estimated Social Security would have.

So in my case and with my LTD policy, it was a total of the two to equal 70% of my prior salary.

[haven'tgotaclue]

Cigna LTD guaranteed 70% of my salary, less what social security provides.

If I did not apply for Social Security then Cigna would reduce what they paid me by what they estimated Social Security would have.



Hi Rusty D.

My LTD is also through Cigna. They had me apply for SSDI also & even hired a company called Allsup to handle my SSDI application. I was awarded SSDI in July of this year but Cigna cut my LTD off last March & denied my first appeal.
Even though I got SSDI they state I am able to return to work as a nurse.

Have you had any problems with them?


Leslie RN,

Can I ask if your LTD was also through Cigna?
I know the nightmare of your benifits being denied...


Blessings, TJ

[RustyD]

WOW I am sorry to hear about that.. Have you talked to a lawyer? As for me, I have no complaints against them... My doctor gets a form to fill out yearly but that is it..

But an odd thing happened end of last year....

I received a letter where they offered to buy out my remaining benefits.. They pay until age 65 and I calculated they would pay me 325k through the period of time until the cut off age..

Their offer was for 120k....

And it sat -- well I think they were preying on people like myself who barely make it and were feeling that if I were desperate I might take it. Obviously I did not..

In your case, I say get a good attorney.. and also if you had LTD through a company, contact your company to see if you can get any pressure to bear..

Good Luck.. I am sorry to hear of your problems...

[haven'tgotaclue]

Hi Rusty D,

You surprised me with such a quick reply. You a late nighter too, huh. LOL.

Yes , I have a lawyer but at this point I wonder if it is even worth fighting them. I have my SSDI now & am tired of scratching & fighting for every little thing you deserve.
SSDI did pay me my whole back pay & my lawyer said even though I signed papers to return their portion that they have broke their contract with me so they have no right to hold me to that contract.

I know I am going to have to pay them the money back but I'm going to make them wait just like I've had to.
My lawyer told me to have them call him when they contact me...
I've never done anything like this before but I'm going to do what he tells me.

TJ

[caudaequinasyndrome]

the ltd policy states whether you have a ssdi offset or not. some do some dont, it will be written in, no grey area.
you need to get a copy of your policy and read it. call your human resources and have them mail you a copy or have them point you to the web page

[RustyD]

Hi Rusty D,

I know I am going to have to pay them the money back but I'm going to make them wait just like I've had to.
My lawyer told me to have them call him when they contact me...
I've never done anything like this before but I'm going to do what he tells me.

TJ

How well do you like/trust your lawyer? You mentioned a broken contract and that in itself is grounds for a lawsuit for damages. And there can be punitive damages in some cases that can be big money... In any event I would figure out the standard life expectation, it can be found on line.. And multiply that by the years and months you are not getting paid for, and then you have an idea of the true amount this can cost you. And I believe in these type of cases, where a contract has been broken, that you can include lawyer fees.

I do not know how they could defend such a suit. I mean SSDI certainly states that you are disabled... How can Cigna say you are not??

I would definitely get a second lawyers opinion and one that speciailizes in medical suits...

[DiMarie]

I am not sure if this is what you are asking but I went to a work shop at a conference last weekend, this is what is told me there...

Trial work period threshold: "Disability" NOT RETIREMENT> NO AMOUNT EARNED AFFECTS RETIREMENT!
*Nine Full months
*wage threshold over $620 gross
*Self employed is Net earnings over $620 or 80 hours.
*months need not be consecutive
*Months must be in a 60-month period
*Full payment during trial work period.

You do have an offset for medical related expenses...the medications you need for your disability, if yoou need a special mouse, or voice software, also transportation needs to and from work are deducted out of your gross earnings.

SGA FOR 2006 was increased to $860 from 2005 $830 BUT in 2007 it will increase to $900!!!

Even if you work the trial work period, you have over the $620,(NOT Considered a Trial Month under $620!) under the $860, but are found NOT to have medical improvement, you can continue theoretically to receive full benefits.

IF- Trial work months after the 9 months are reached, if full time employed and benefits stopped; if unable to work, you are in a speedy acccess to restart benefits any time in the 3 years to follow!

But for CDR, keep all documentation's; Attend all medical ongoing appointments, records of any increase in medications, new problems on MRI's EMG's, diagax from doctor to relate that yes you still have not made medical improvement.

CDR-Even if you are found medical improved during the three year review, if you are in or become part of a vocational rehab traiing or other approved training that could lead to full time employment your checks will continue.

PEnnsylvannia!:
MAWD:
If you are found medically improved and lose the medical portion of the medicare, you can apply through the medicaid for coverage and pay for it based on income need...The avg. is about $50 a month, more if higher earnings, less if lower earnings.

MAWD- Covers anything MA covers, deductables, if you can find a dentist or eye glass provider too.
* Be at least 16 years old but less then 65
*Be employed and receiving compensation
*Have a disability that meets SSA Standards
*Have countable income below 250% of Federal poverty Level
*Have up to $10,000 in countable resourses (Residence or automobile do not count)
* Disabilities include physical or developemental, mental health or mental retardation.

** contact your case worker or local county assistance office (CAO) for more information
or apply online at www.cmpass.state.pa.us

Section 301:Continued payment
Allows benefits to continue even after Medical cessation for those in approved VR plan.
* When medical review (CDR was initiated AND
*Approved vocational rehabilitation program AND
*Medical cessation
RED BOOK Page 34

Ticket to work updates:
You can read http://policy.ssa.gov/erm/rules.net

I am using my ticket to work, I have had no months of SGA since The begining of the year. I did not give the Ticket to work to voc rehab until August in which to provide me with a lap top and dictation software, and infra red mouse, etc.

I was not sent a CDR this year. I am earning about $450 *net a month working 10 hours a week. I have medical incidentives.

IF you are self employed and need someone to perhaps go onsite for measurements, or have a wife or other that cleans the office, does pick ups etc, this expense is deducted for the pay you give them.

If you are employed, and your employer understanding you disability has another do a portion of your job, and out of goodness you still receive full pay, the portion that is not being used by you, is deducted. IT is a generous thing to the employer to still give fulll wage and you are given a forgiveness of the portion earned you did not work for.

Also, IF you are in a family business and they pay you a full salary, but you only work half time because of your illness, only the half you work for is counted.

In PA a new review process for the first denial in now ustilized. Before someon in the same office rubber stamped so to say the detrmination of the local worker...Now a Review committee in another seperate place reviews!

Check the ssa.gov website for Demostration projects in your own state. Oklahoma ahs DPN- disability program navigation
Florida- Florida Freedom Inititive FFI

There are Youth transition programs for those youth that receieved benftis in school now becoming adult age. They may wish to work a job.

Search for Diability Projects that are availbe in your state.


Hope some of this helps and is not too confusing,
Dianne