The answer is yes.

Once you are approved for Social Security Disability benefits, your long term disability insurance provider will simply pay you the difference between your SSDI payment and your total LTD policy amount. The exact amount they can offset will depend on the language of your particular insurance policy and the amount you receive each month in Social Security Disability benefits.

If you are receiving long term disability insurance and are going to be applying for Social Security Disability benefits, it may be in your best interest to consult with a disability representative. Such an expert can help you understand exactly how your Social Security Disability benefits will affect your long term disability payments and whether or not your long term disability carrier can offset any of the back benefits that you are entitled to by the Social Security Administration.

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To determine whether or not you are eligible for Title II disability, you will need to review the earnings summary that Social Security sends out to you on a yearly basis.  On page two of the earnings summary, it explains whether or not you are entitled to disability benefits and retirement benefits.   You should review your earnings record on page three and make sure that there are no earnings missing and that everything is correct.  If you find that there are earnings missing from the record, or that the amount of reported earnings are incorrect, you should send a letter into your local Social Security office with proof showing the correct earnings amount.  This proof will consist of filed tax returns and proof of the payment of taxes for the subject year.  In your letter to Social Security, you will need to request that they correct the earnings record.  This is very important because your monthly disability and retirement benefits may very well increase after the correction has been made.  For further information, please go to the Social Security website by clicking here.

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Can I file for Social Security disability if I am on sick leave from my employer?

August 5, 2011

Yes, you can.  You should apply for Social Security disability benefits as soon as you believe that you will be out of work for at least one year or longer.

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Why does Social Security send claimants to doctor exams?

August 4, 2011

Generally, if a claimant does not have adequate or enough recent medical evidence to prove their claim, Social Security will opt to have a medical examination done. This is called a “consultative examination” in the Social Security world. Basically, a claimant has the right to have a fair, impartial, intelligent expert to review the medical […]

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How does Social Security decide if you are disabled?

July 27, 2011

Social Security decides a claim through a five-step process, which is called the “sequential analysis”.  It is through this process that the following is considered: 1.  Do you have a medical impairment or impairments? 2.  Is the impairment or are the impairments severe? 3. Will the impairment(s) last 12 months or longer? 4. Do the […]

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Can you collect VA disability benefits at the same time as Social Security disability benefits?

July 26, 2011

Yes.  If you are collecting disability benefits from the Veteran’s Administration, the amount that you receive will not affect your Social Security disability benefits.  In other words, you are permitted to collect both at the same time.

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What are “The Listings”?

July 20, 2011

The “Listings” are federal regulations which are found at 20 C.F.R. Part 404, which basically describes the severity of impairments.  The Social Security Administration relies upon the Listings to decide whether or not a claimant’s impairment has met or is equal to that listing.  If the impairment is found to meet or equal the listing, […]

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After a Social Security disability claim is awarded, when will Medicare start?

May 27, 2011

A claimant will become eligible for Medicare 29 months after the date that Social Security determines to be the onset date of disability.  For instance, if a person’s onset date of disability is 1/2009, Medicare would begin 29 months later or in 6/2011.  Approximately one or two months before a person becomes eligible for Medicare, an […]

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Does Social Security have to be guided by VA’s Award of Disability?

May 25, 2011

It is Social Security’s position that VA decisions are not binding upon them.  Social Security and VA have very different standards and criteria which they use to approve disability claims.  If you are awarded VA disability and you are denied Social Security disability, I encourage you not to give up on your claim.  Pursue every […]

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What does the filing of “reconsideration” mean?

May 23, 2011

Reconsideration is the second appeal level on a Social Security disability claim and occurs after the initial level of a disability claim is denied.  By filing a reconsideration (appeal), a claimant is simply asking that Social Security review the claim.  The claim will be sent to a new adjudicator at the reconsideration level.  Unfortunately, approximately 70-80% of the […]

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