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HELP!! Disabilty through employer? ANYONE?

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  • HELP!! Disabilty through employer? ANYONE?

    I am in a panic, and I could REALLY use some input here.
    I get a disabilty check through the policy I had through my previous employer. I have been getting it for 4 years. My situtation is not likely to change, unfortunately. I am only 30.
    Here is the problem, they are trying to get me to settle for a lump sum amount. This is the second year in a row they have offered this. I feel pressured and I know they want me off of there hands.
    My Doctor says I should take it. He says that they will find a way to contest my claim since I am so young and will be costing them so much. They have nothing to lose by disputing my claim, jerking my check, and taking me to court if they had to.
    I really need to know what experiences anyone has had with this. I know some here get this kind of disability. Have they offered you a lump sum? What would you do?
    I keep in mind that I am very fortunate to have had this in the first place, and the offer is nice. BUT, it is only eqaul to 5 years of monthly payments that I will probably need until I am 65! I don't know what to do. I get so tired of being afraid they are going to stop my payments.
    ANY info would be greatly appreciated.

  • #2
    Hi SM,
    Sounds like you need legal advise. Have you spoken to a lawyer yet? It may be worth your while, it could be that the ins. co. is just trying to scare you and may have no legal legs to stand on, but I think only a lawyer could help you with this.
    Also, even if a lawyer did advise on settling for a lump sum, he/she may be able to negotiate something much better for you.
    You stated you were only 30, it's important to keep in mind that many people do go into remission, it could happen to you and you may be able to work again and not need the disability for such a long period anyway.
    Regardless, think you need to discuss this with a lawyer.
    Wish you luck!



    • #3

      If they've been paying you disability for the past 4 years since you've been out of work with IC and disabled - that in itself is AWESOME compared to most places. Have you in that 4 year timespan ever applied for Social Security Disability? If not...apply now - you can start the process and have a great chance at getting approved since you are already receiving disability checks through your employer. My SSD took 18 months from start to finish, but was denied through both applications and had to go in front of the Admin Law Judge who made the final desicion for me. I was 27 when dxed with IC and am now 32. I just went up for SSD Review/Renewal in February and 2 weeks ago finally found out I was renewed for another 3 years (through 2005).

      Many employers dont even offer disability benefits for more than 6 - 12 months. Wherever you are working, thats one hell of a deal, all things considered. I used to work for the gov't and got totally screwed by them - but thats a long story. I'd start the SS applications NOW - on average, the first letter takes about 2 - 3 months, then most times you get denied the 1st go-round, dont get discouraged, contest it and reapply for reconsideration, again, most get denied the 2nd time, that takes another few months. Its at that point you hire a SSD lawyer and take it to the judge - that is the longest part of the entire process of applying. Sometimes, if you are lucky and are already on disability through an employer, you may get approved the 1st or 2nd time - it all depends on your medical history and severity.

      If it were me (and I was in your position once) - if you have the option of retiring on disability from your company, try doing that. If not....apply for SSD first before you decide to settle. You may be able to work something out with your current employer to continue benefits until you hear from SSD. But start the process at least - you have a greater chance already than most that have applied for SSD because you are already receiving disability benefits.

      Just my opinion, but legal is a definate before you do anything - but I'd apply for SSD right now.

      Good Luck..but dont settle anything until you weigh all your options.