› Forums › General Melanoma Community › SSDI and short term disability
- This topic has 24 replies, 4 voices, and was last updated 9 years, 10 months ago by
DianaD.
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- August 5, 2015 at 1:55 pm
a little history… My husband is stage 4 with mets in brain, neck, spine, ribs, pelvis, knee, liver and the largest in right lung and was diagnosed in May of this year. He was on a fast decline and within weeks of death before he was put on Mekinist and Teffinlar combo on June 10th. He responded very quickly to the combo and started feeling great within a week. He has been receiving short term disability through his work insurance which is good for 6 months (4 more months). We filed for SSDI and were approved right away but of course we don't receive any payments til the end of January. He is on FML right now but that ends the beginning of September which means if he doesn't go back to work we lose his insurance (which is covering most of the cost of his meds).
Does the Short Term Disability payments end if he stops working and tells his boss he isn't coming back? The Short Term payments could get us through the 5 months waiting period without losing our house!
He feels good now but I'm afraid the combo will stop working eventually and then we will have to reapply for SSDI and still have to wait the 5 months again!
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- August 5, 2015 at 2:44 pm
DennysGirl, I am an attorney, but I don't specilize in disability law. Your husband's rights under his disability program at work, depends upon what that policy says. You should contact your husband's employer and ask them to mail you copies of short term and long term disability polices and the retirement policy, if your husband has retirement benefits through work.
These policies can be tricky to understand, and they required that you do things in a certain order and by a certain time, or you can lose your benefits.
The policies should also provide you with the name and contact information for the plan administrator, and you can ask that person questions. But I wouldn't rely on that person.
If you don't understand the terms of the policies when you read them, you should hire an attorney to review them and explain them to you.
Also, under short term disabilty polices, if your husband returns to work before the short term disability period ends, then his benefits for short term disability are reinstated.
And if he has short term disability benefits, he probably has long term disability benefits, too, but they are different usually from short term, in terms of how much compensation you receive.
Further, both short term and long term disability payments may be reduced by the Social Security disability benefits.
Finally, some long termn disabiilty polices (like mine where I work), provide that your employmet is terminated the first day of long term disabilty.
Good Luck.
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- August 5, 2015 at 3:04 pm
Thank you, he does not have long term disability. His short term disability is through Aflac. His short term disability will end before his SSDI goes into affect. We did report it to SSA when applying for SSDI though but it did not change the payment amount. As of right now, he is still "employed" through his work because he is using his FML time which ends the beginning of September and he will lose his health insurance so if he doesn't return to work we will have to file for Medicaid. My question is, once FML ends will he keep receiving his Short Term Dusability payments until they run out in 4 months? OR do they stop paying if he hasn't returned to work? I feel like once he qualified and started receiving his short term from Aflac they should continue paying until the 6 month term ends….is that right?
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- August 5, 2015 at 4:50 pm
It sounds like you purchased a private short term disability policy from AFLAC (or did employer provide AFLAC policy?). You have to read that policy to see what it says, regarding when short term disability benefits may end (one circumstance when they end is a the end of the short term disabillty policy period).
FMLA is independant of any disability policies, whether employer provided or purchased independently by the employee.
The terms stated in the disabilty policies control the governance of the disablity benefits, under those policies.
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- August 5, 2015 at 4:50 pm
It sounds like you purchased a private short term disability policy from AFLAC (or did employer provide AFLAC policy?). You have to read that policy to see what it says, regarding when short term disability benefits may end (one circumstance when they end is a the end of the short term disabillty policy period).
FMLA is independant of any disability policies, whether employer provided or purchased independently by the employee.
The terms stated in the disabilty policies control the governance of the disablity benefits, under those policies.
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- August 5, 2015 at 4:50 pm
It sounds like you purchased a private short term disability policy from AFLAC (or did employer provide AFLAC policy?). You have to read that policy to see what it says, regarding when short term disability benefits may end (one circumstance when they end is a the end of the short term disabillty policy period).
FMLA is independant of any disability policies, whether employer provided or purchased independently by the employee.
The terms stated in the disabilty policies control the governance of the disablity benefits, under those policies.
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- August 5, 2015 at 7:17 pm
Adding a note to what I said earlier…FMLA protects one's job, when one has to take time off from work, due to illness or to care for a family member; the time off provided for by FMLA is time off without pay (although an employee may be paid, under the employer's sick leave or disability policies.
FMLA, therefore, does not affect one's pay, under sick leave or disability policies.
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- August 5, 2015 at 7:17 pm
Adding a note to what I said earlier…FMLA protects one's job, when one has to take time off from work, due to illness or to care for a family member; the time off provided for by FMLA is time off without pay (although an employee may be paid, under the employer's sick leave or disability policies.
FMLA, therefore, does not affect one's pay, under sick leave or disability policies.
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- August 5, 2015 at 7:17 pm
Adding a note to what I said earlier…FMLA protects one's job, when one has to take time off from work, due to illness or to care for a family member; the time off provided for by FMLA is time off without pay (although an employee may be paid, under the employer's sick leave or disability policies.
FMLA, therefore, does not affect one's pay, under sick leave or disability policies.
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- August 5, 2015 at 3:04 pm
Thank you, he does not have long term disability. His short term disability is through Aflac. His short term disability will end before his SSDI goes into affect. We did report it to SSA when applying for SSDI though but it did not change the payment amount. As of right now, he is still "employed" through his work because he is using his FML time which ends the beginning of September and he will lose his health insurance so if he doesn't return to work we will have to file for Medicaid. My question is, once FML ends will he keep receiving his Short Term Dusability payments until they run out in 4 months? OR do they stop paying if he hasn't returned to work? I feel like once he qualified and started receiving his short term from Aflac they should continue paying until the 6 month term ends….is that right?
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- August 5, 2015 at 3:04 pm
Thank you, he does not have long term disability. His short term disability is through Aflac. His short term disability will end before his SSDI goes into affect. We did report it to SSA when applying for SSDI though but it did not change the payment amount. As of right now, he is still "employed" through his work because he is using his FML time which ends the beginning of September and he will lose his health insurance so if he doesn't return to work we will have to file for Medicaid. My question is, once FML ends will he keep receiving his Short Term Dusability payments until they run out in 4 months? OR do they stop paying if he hasn't returned to work? I feel like once he qualified and started receiving his short term from Aflac they should continue paying until the 6 month term ends….is that right?
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- August 5, 2015 at 2:44 pm
DennysGirl, I am an attorney, but I don't specilize in disability law. Your husband's rights under his disability program at work, depends upon what that policy says. You should contact your husband's employer and ask them to mail you copies of short term and long term disability polices and the retirement policy, if your husband has retirement benefits through work.
These policies can be tricky to understand, and they required that you do things in a certain order and by a certain time, or you can lose your benefits.
The policies should also provide you with the name and contact information for the plan administrator, and you can ask that person questions. But I wouldn't rely on that person.
If you don't understand the terms of the policies when you read them, you should hire an attorney to review them and explain them to you.
Also, under short term disabilty polices, if your husband returns to work before the short term disability period ends, then his benefits for short term disability are reinstated.
And if he has short term disability benefits, he probably has long term disability benefits, too, but they are different usually from short term, in terms of how much compensation you receive.
Further, both short term and long term disability payments may be reduced by the Social Security disability benefits.
Finally, some long termn disabiilty polices (like mine where I work), provide that your employmet is terminated the first day of long term disabilty.
Good Luck.
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- August 5, 2015 at 2:44 pm
DennysGirl, I am an attorney, but I don't specilize in disability law. Your husband's rights under his disability program at work, depends upon what that policy says. You should contact your husband's employer and ask them to mail you copies of short term and long term disability polices and the retirement policy, if your husband has retirement benefits through work.
These policies can be tricky to understand, and they required that you do things in a certain order and by a certain time, or you can lose your benefits.
The policies should also provide you with the name and contact information for the plan administrator, and you can ask that person questions. But I wouldn't rely on that person.
If you don't understand the terms of the policies when you read them, you should hire an attorney to review them and explain them to you.
Also, under short term disabilty polices, if your husband returns to work before the short term disability period ends, then his benefits for short term disability are reinstated.
And if he has short term disability benefits, he probably has long term disability benefits, too, but they are different usually from short term, in terms of how much compensation you receive.
Further, both short term and long term disability payments may be reduced by the Social Security disability benefits.
Finally, some long termn disabiilty polices (like mine where I work), provide that your employmet is terminated the first day of long term disabilty.
Good Luck.
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- August 5, 2015 at 3:05 pm
Hi Renee, I went through all of this and it can be very confusing and stressful. FMLA really has nothing to do with the short term disability insurance your husband has at work. If your STD plan covers you for 6 months(which they normally do) that policy will get you through until your social security disability kicks in. Also, I would think you would have health insurance while you were on the STD for the full six months. FMLA protects your job for I believe is like 90 days, meaning they have to hold your job for that length of time. After your FMLA expires, the company can then go out and replace you. I believe your husband would still be an employee and entitled to all benefits for for the six months he is on STD. Does he have a long term disability policy that kicks in after the 6 months? I went from STD for 6 months ( my status was active employee), applied for SSD and was approved on the fast track which only took a couple of weeks. Then went on long term disability ( my status then was changed to inactive employee). Still an employee, but if I was able to return to work, there was no guarantee that I would have my same job, but I could bid on other jobs within the company. On LTD, the only benefit I have is health insurance which will last for another 18 months until I can get on Medicare. You're eligible for Medicare 2 years from the time you become disabled. After 18 months on long term I will be terminated, but still receive 60% of my salary until death or I hit retirement age.
All companies are different and I found the human resource department to be very helpful in explaining how all this works. I hope your husband continues to do well! Becky
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- August 5, 2015 at 3:25 pm
Thank you, Becky. Of course the goal is that they find a cure so that no one has to go through all this and my husband can work all he wants! He is a Vet too but we have been trying to not go through VA since they don't have a great track record!
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- August 5, 2015 at 4:56 pm
My Dad was a vet and treated at the VA for everything, melanoma included. Lung and prostate cancer too. I have to say he was offered all the same treatments he could have got at other hospitals and treatments the VA couldn't do, he was sent to the local cancer center for state of the art treatment. My Dad eventually passed away from melanoma, but that was mostly his choice – quality of life – at 89 years old. Our sole complaint with the VA was coordinating different cancers and their treatments. It was hard to get all the disciplines to talk to each other. Each treated their own specialty well, but coordinating all treatments was something that was lacking. Just our experience.
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- August 5, 2015 at 4:56 pm
My Dad was a vet and treated at the VA for everything, melanoma included. Lung and prostate cancer too. I have to say he was offered all the same treatments he could have got at other hospitals and treatments the VA couldn't do, he was sent to the local cancer center for state of the art treatment. My Dad eventually passed away from melanoma, but that was mostly his choice – quality of life – at 89 years old. Our sole complaint with the VA was coordinating different cancers and their treatments. It was hard to get all the disciplines to talk to each other. Each treated their own specialty well, but coordinating all treatments was something that was lacking. Just our experience.
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- August 5, 2015 at 4:56 pm
My Dad was a vet and treated at the VA for everything, melanoma included. Lung and prostate cancer too. I have to say he was offered all the same treatments he could have got at other hospitals and treatments the VA couldn't do, he was sent to the local cancer center for state of the art treatment. My Dad eventually passed away from melanoma, but that was mostly his choice – quality of life – at 89 years old. Our sole complaint with the VA was coordinating different cancers and their treatments. It was hard to get all the disciplines to talk to each other. Each treated their own specialty well, but coordinating all treatments was something that was lacking. Just our experience.
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- August 5, 2015 at 3:25 pm
Thank you, Becky. Of course the goal is that they find a cure so that no one has to go through all this and my husband can work all he wants! He is a Vet too but we have been trying to not go through VA since they don't have a great track record!
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- August 5, 2015 at 3:25 pm
Thank you, Becky. Of course the goal is that they find a cure so that no one has to go through all this and my husband can work all he wants! He is a Vet too but we have been trying to not go through VA since they don't have a great track record!
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- August 5, 2015 at 3:05 pm
Hi Renee, I went through all of this and it can be very confusing and stressful. FMLA really has nothing to do with the short term disability insurance your husband has at work. If your STD plan covers you for 6 months(which they normally do) that policy will get you through until your social security disability kicks in. Also, I would think you would have health insurance while you were on the STD for the full six months. FMLA protects your job for I believe is like 90 days, meaning they have to hold your job for that length of time. After your FMLA expires, the company can then go out and replace you. I believe your husband would still be an employee and entitled to all benefits for for the six months he is on STD. Does he have a long term disability policy that kicks in after the 6 months? I went from STD for 6 months ( my status was active employee), applied for SSD and was approved on the fast track which only took a couple of weeks. Then went on long term disability ( my status then was changed to inactive employee). Still an employee, but if I was able to return to work, there was no guarantee that I would have my same job, but I could bid on other jobs within the company. On LTD, the only benefit I have is health insurance which will last for another 18 months until I can get on Medicare. You're eligible for Medicare 2 years from the time you become disabled. After 18 months on long term I will be terminated, but still receive 60% of my salary until death or I hit retirement age.
All companies are different and I found the human resource department to be very helpful in explaining how all this works. I hope your husband continues to do well! Becky
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- August 5, 2015 at 3:05 pm
Hi Renee, I went through all of this and it can be very confusing and stressful. FMLA really has nothing to do with the short term disability insurance your husband has at work. If your STD plan covers you for 6 months(which they normally do) that policy will get you through until your social security disability kicks in. Also, I would think you would have health insurance while you were on the STD for the full six months. FMLA protects your job for I believe is like 90 days, meaning they have to hold your job for that length of time. After your FMLA expires, the company can then go out and replace you. I believe your husband would still be an employee and entitled to all benefits for for the six months he is on STD. Does he have a long term disability policy that kicks in after the 6 months? I went from STD for 6 months ( my status was active employee), applied for SSD and was approved on the fast track which only took a couple of weeks. Then went on long term disability ( my status then was changed to inactive employee). Still an employee, but if I was able to return to work, there was no guarantee that I would have my same job, but I could bid on other jobs within the company. On LTD, the only benefit I have is health insurance which will last for another 18 months until I can get on Medicare. You're eligible for Medicare 2 years from the time you become disabled. After 18 months on long term I will be terminated, but still receive 60% of my salary until death or I hit retirement age.
All companies are different and I found the human resource department to be very helpful in explaining how all this works. I hope your husband continues to do well! Becky
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