Hi Nancy,

Thanks for reaching out. I have sent your questions off to our legal experts, who will get back to you soon. In the meantime, I would recommend checking out the National Cancer Legal Resource Center if you need more immediate assistance: http://www.nclsn.org/

Best,

Sarah, Associate Manager of Programs, Cancer and Careers

Hi Nancy,

Congratulations on your positive test results and returning to work!

This area of disability insurance can get a bit tricky, but I think an important thing to note is that most long-term disability insurance (LTD) policies contain language that require participants who are receiving LTD benefits to apply for Social Security Disability Insurance (SSDI) benefits. This is because, if you also receive SSDI benefits, the insurance company can “offset” and reduce the monthly LTD benefits they are paying you. You will still be getting the same monthly benefit amount altogether, though.  Also important to be aware of is that the insurance company’s requirement that you apply for SSDI is usually legally enforceable. If it is written in your policy that you are required to apply and you fail to do so, the insurance company may have the right to reduce your LTD benefits using your estimated SSDI benefit amount.

While the paperwork to apply for SSDI can be a hassle, there are many reasons (beyond being required to do so) that someone would want to apply for SSDI benefits. For example, if you receive SSDI benefits, you also have access to Medicare health insurance after two years. One more thing worth mentioning is that you can return to work and still get SSDI payments through the Social Security Administration’s work incentives.

For more information on SSDI and work incentives, please visit the SSA’s website here: http://www.ssa.gov/disabilityssi/.  

I hope that helps get you started, and please don’t hesitate to write back if you have any additional questions!

Best,
Eva LaManna, Esq. 

Please note that the above information is designed to provide general information on the topics presents. 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.