Social Security Disability and Long Term Disability benefits are distinct claims that often get confused. If you are unable to work in your own or any occupation, it is crucial to understand that these benefits are separate and can be pursued accordingly.
A claim for Social Security Disability benefits is made with the federal government through the Social Security Administration (SSA). To qualify for benefits, you must have worked long enough and paid Social Security taxes and meet the SSA’s definition of disability. This definition changes dramatically depending on your age, past work history and other factors.
A claim for Long Term Disability benefits is made with the insurance company with which you have entered into a contract either through your employer (as an employment benefit) or privately on your own. Just like with Social Security benefits, Long Term Disability benefits will take into account whether there are any eligibility/coverage issues and whether you meet the definition of disabled which will vary depending on your unique contract language.
These disability benefits often work in tandem as wage replacement in the event of partial or total disability. In most cases, Social Security benefits are deducted or offset from Long Term Disability. This is typical, however, many clients who come to us do not know that, even if they are awarded both benefits, that they will not be receiving the full amount of both entitlements.
Both types of disability benefits are subject to an administrative process overseen by the executive branch, rather than the judicial branch. However, the methods for obtaining these benefits differ. For Long Term Disability benefits, appeals are initially handled internally within the insurance company, with the possibility of filing a lawsuit if all appeals are exhausted. On the other hand, Social Security disability benefits involve following the SSA’s application, hearing, and reconsideration process before seeking legal recourse in a court of law.
If you have questions about your Social Security Disability or Long Term Disability claim, contact Herbert M. Hill, P.A. We can provide answers and set up a free conference to discuss your case. There’s no obligation to hire us, and you won’t feel any pressure to do so.
Herbert M. Hill, P.A. is a law firm located in Orlando, Florida with a practice extending throughout the state of Florida. While the vast majority of cases handled are for disability insurance benefits, areas of practice include employee benefit claims of all sorts. The firm handles any claims arising under the Employee Retirement Income Security Act (“ERISA”) for disability benefits, medical benefits, retirement benefits of any sort, including pension, 401k, termination agreements or the like as well as claims arising under private disability policies.
