Hello..
I have been offered a full time contract position with a new employer after exhausting my FMLA last year during treatment and surgery. I am feeling great right now however I am concerned about returning to work for fear of jeopardizing both my private LTD (through the old employer) and Social security disability. The New positions is as a contractor, and I would not have benefits...so I am rolling a financial roulette. However this temporary position could become permanent with full benefits. I really want to return to some sense of normalcy and earn a living. I'm 50 years old with a rare Stage IV cancer that appears to be in remission for now... Please help!
2 Comment
Sarah Goodell
Dec 16, 2014
Cancer and Careers Staff Comment:
Hi Lori,
Thanks for reaching out and congratulations on being in remission and landing a contract position! I have sent your question over to our legal expert to get her thoughts on your questions. In the meantime, I would recommend checking out the following resources if you haven't already:
- National Cancer Legal Services Network: provide free legal services to cancer survivors and may also be able to provide you with some helpful information regarding your questions, here is their website http://www.nclsn.org/
- Conquering Insurance Issues and Problems: http://www.cancerandcareers.org/en/at-work/Legal-and-Financial/Conquering-Insurance-Issues-and-Problems
- Disability information: http://www.cancerandcareers.org/en/at-work/Legal-and-Financial/filing-for-disability
Best,
Sarah, Cancer and Careers, Associate Manager of Programs
Monica Bryant
Dec 18, 2014
Cancer Rights Attorney Comment:
Dear Lori,
It is great to hear that you are feeling well and may be
through the worst. Your desire to return
to work and “some sense of normalcy” is completely understandable! A few things to note as you make your
decision, the Social Security Administration (SSA) does offer a trial return to
work period where you can work and still collect your Social Security
Disability Income (SSDI), as long as you still have a disability (e.g.,
side-effects from treatment). During the
first nine months that you return to work, you can continue to receive
your SSDI benefits. Once you have
worked for nine months the SSA will determine if you have been performing “substantial
gainful activity,” which is defined as earning over $1,090 per month. If you make under that amount per month you
should be able to keep both your salary and your SSDI. If you make over that amount, you will be
deemed to be ineligible for SSDI. It is
important, however, to report any changes in your work status to the SSA. More information about returning to work and
SSDI can be found at http://www.ssa.gov/pubs/EN-05-10095.pdf.
I cannot give you a concrete answer about your private
long term disability plan because each policy is very specific. So you will have to look at the actual policy
to determine if you are able to earn income and still collect from the
disability policy.
I hope this information is helpful as you make your
decision.
Best,
Monica Bryant, Esq.
Cancer Rights Attorney
COO, Triage Cancer
Please note that the above information is designed to
provide general information on the topics presented. It is provided with the
understanding that the expert is not engaged in rendering any legal or
professional services in the information provided above. The information
provided should not be used as a substitute for professional services.
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