Firm Profile
photo

Long Term Disability Cases

LONG TERM DISABILITY CASES

If I am receiving Long Term Disability Insurance Benefits from an insurer, how will Social Security disability benefits affect my Long Term Disability benefits?

If you are approved for Social Security disability benefits, your disability payments from your Long Term Disability Insurer probably will be reduced by the amount you and any dependents receive under Social Security.  In other words, you will continue to receive the same total amount of monthly benefits, but the money will come from two sources.

Typically you will receive a large retroactive payment from Social Security shortly after your claim is approved.  Your Long Term Disability insurer considers this money essentially to be money that the Long Term Disability insurer advanced to you while you were awaiting Social Security’s decision.  Usually you must pay it back to the Long Term Disability insurer immediately after you receive it from the Social Security Administration.

While your disability benefits from the Long Term Disability carrier probably will be reduced once you are awarded SSDI, the Social Security Cost of Living increases will be yours to keep.  Over time, the value of those increases can be significant.  For example, an individual earning $50,000.00 a year who became disabled at age 40 and remained disabled until retirement would receive over $238,000 in additional benefits.  Ultimately, Social Security cost of living adjustment adds money to your pocket each year.

If I am receiving Long Term Disability benefits, how do I apply for Social Security benefits?

Social Security Online - www.ssa.gov
Office of Employment Support Programs - Information about work incentive programs; www.ssa.gov/work
Office of Disability - Comprehensive information about Social Security disability benefits programs: www.ssa.gov/disability/3368/

If I have been found to be disabled by my Long Term Disability Carrier, what are my chances of receiving Social Security benefits?

Your chances are excellent.  More than 90 percent of individuals receiving long term disability benefits from some Long Term Disability insurers are eventually awarded Social Security disability benefits.  However, Social Security initially denies more than 60 percent of the applications it receives.  But, it pays to be persistent - most of those applicants are awarded benefits through the appeals process.

Here’s how it works:
1.         Your initial application for benefits will be reviewed within three to four months.
2.         If your application is denied, you may request a Reconsideration.  This is a review by a different person at the Social Security Administration and it generally takes less than two months.
3.         If Social Security continues to deny your claim, you can appeal to an Administrative Law Judge.  Don’t be intimidated by this prospect.  Nearly 60 percent of claimants who take this step are awarded benefits.
4.         Plus, you have 60 days to appeal any decisions, so do not wait.

Do I need to hire a lawyer to help me through the application process?

Beware if your Long Term Disability case manager believes legal assistance is necessary.  Even though your Long Term Disability carrier may provide it, and may claim to pay for it, in general, we recommend retaining an attorney, especially if your case will be heard by an Administrative Law Judge.  You should not hire anyone but an attorney who is a member of the Federal Bar and is certified by a United States Court of Appeals and the United States Supreme Court so that attorney can represent your interests all the way.  Qualified attorneys are very reluctant to take on cases other attorneys or representatives have handled because of the Federal fee cap and having a share or split limited fees with unsuccessful or unqualified representatives or attorneys.

Whom should I contact if I am disabled and have been a Florida county or state employee?

You should contact:   Florida Retirement System Pension Plan
Application for Disability Retirement
2639 N. Monroe St., Bldg. C
Tallahassee, FL 32399-1560

or your Human Resources and Benefits coordinator at your place of government employment.

What will I need to file?

To apply for disability retirement, you must complete and submit the following forms:

FORM FR-13, Application for Disability Retirement- You must provide the Division of Retirement with a properly-signed and completed disability application FORM Fr-13. Your retirement date is determined by the date the Division receive your disability application. Therefore, you may submit your application prior to submitting the other required forms. Your retirement date will be established as follows:

If you are no longer employed and your disability application is not receive within thirty days of your termination date, your effective retirement date will be the first day of the month following the date we receive your application.

If your disability application is receive within thirty days of your termination date, your effective retirement date will be the first day of the month following your termination date.

If you are currently employed in an FRS-covered position, your effective retirement date will be the first day of the month following the date we receive your disability application or the first day of the month following the last month for which salary is reported or creditable service is granted, provided we receive your disability application before such day, and your documented termination date occurs after such day. Your effective retirement date cannot be established until you have officially terminated all FRS-covered employment, and all required documents have been received.

FORM FR-13a, Statement of Disability by Employer- This form must be completed and signed by an appropriate agency official in your Personal Office or your immediate supervisor.

FORM FR-13b, Physician’s Report- As proof of disability, Statute 121.091(4) requires two different Florida-licensed physicians who have treated you for your disabling condition to attest to your total and permanent disability. It may be advisable to consult an attorney who handles State Retirement and Disability Retirement before doing so, as choosing the wrong doctor will hurt your case.

The Florida Retirement System (FRS) provides two types of disability retirement benefits: “in-line-of-duty” and “regular”.