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 Posted: Mon Aug 09, 2010 5:46 pm Post subject: Unemployment Benefits |
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My wife had to take a disability leave due to sickness. She does not have any disability insurance and so not getting any pay. Her health issue did not resolve and not able to join the job. Can she claim for disability insurance, Whom to contact? Any help is appreciated.
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Vsiva
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| Posted: Mon Aug 09, 2010 6:49 pm Post subject: |
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I'm confused... in the subject line you state "unemployment benefits" but you then ask about disability insurance. These are two different things.
If you are asking about unemployment, you'd best contact your states unemployment office for info as each state is different. |
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tcope
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| Posted: Wed Aug 11, 2010 1:51 am Post subject: |
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SSDI, you have a 5 month elimination (waiting) period, and the sickness or injury must either be terminal or irrevocable.
Additionally the definition of disability requires that she not be able to perform the material and substantial duties of any occupation for which is is appropriately licensed or trained. This means if there is any other job she can do earning 60% of her current salary she isn't going to receive any benefits.
Additionally, it's important to know that 50+ percent of all people who apply for SSDI get declined on their first try. You are likely looking at a year plus before you see your first benefit check. |
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BNTRS
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| Posted: Wed Aug 11, 2010 5:19 am Post subject: |
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| Believe it or not a majority of disabilities are caused out of sickness. You should have given it a thought long before. Critical illness insurance could have been a good option. But now all you can do is to look for information regarding your state unemployment benefits. |
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steven
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| Posted: Sat Aug 14, 2010 8:38 am Post subject: |
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| Quote: | | Additionally the definition of disability requires that she not be able to perform the material and substantial duties of any occupation for which is is appropriately licensed or trained. . . . it's important to know that 50+ percent of all people who apply for SSDI get declined on their first try |
Actually, the definition of disability that Social Security uses goes way beyond what BNTRS has written. The definition he posted is commonly found in individual/group disability policies.
Instead, Social Security uses the term "unable to perform any substantial gainful activity" which, in 2010, means ANY job or activity in the American economy that you would be capable of performing and would pay you more than $1080 per month. And you cannot argue that the job they think you can perform does not exists where you live. You would literally have to move to an area where they claim the work exists and attempt to do it. Only then would you be able to prove that your disability prevents you from "performing any substantial gainful activity"
And as far as first time applications, the figures are even more appalling than 50+%. According to independent sources, nearly 80% of all first time claims for Social Security Disability Income are denied, but almost 90% of those denials that are appealed are reversed. Problem is most people don't appeal, they take the first no and go away.
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MaxHerr
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| Posted: Sat Aug 14, 2010 8:58 am Post subject: insurance |
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| MAX.........My 'clients' husband was hurt at work (burned the bottom of his foot, somehow). They "laid him off" and gave hm Unemployment, instead of Disability (company said "this would benefit you more, in the long run"). His foot has gotten progressively worse (because he was told to stay off of it, take meds for it, etc....and he refused to do so). NOW, his Unemployment has not been 'extended' and he has no Disability Insurance. Anyway...he is trying to go back and collect Disability from the company. What are his chances of doing this? I'm trying to find out, for my 'client'. I DO have to say, the 'clients' husband tries to 'play the system quite a bit. |
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sdchargersfan
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| Posted: Sat Aug 14, 2010 9:19 am Post subject: |
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Well, normally one does not "collect disability from the company" one works for. If he was injured at work, he is entitled to Workers' Compensation for his medical bills, lost time, and although the company can lay off any workers they choose, they cannot terminate a worker simply because of a work-related injury. If he never filed a WC injury claim, or (worse yet) was told by the company he cannot file a claim because they were laying him off, he needs to do that ASAP!!
If he is entitled to a retroactive WC claim for lost time, he may be required to repay the unemployment benefits he received in lieu of an income benefit from WC.
| Quote: | | the 'clients' husband tries to 'play the system quite a bit. |
Insurance fraud is a serious problem that plagues Workers' Compensation. It is the #2 form of insurance fraud in California, behind auto insurance fraud. If he is gaming the system, he runs the very great risk that he will be caught. Then he'll have plenty of time to cool his heels (pun intended) in state prison.
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MaxHerr
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| Posted: Sat Aug 14, 2010 9:55 am Post subject: insurance |
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| Thanks, MAX. Let me tell you a 'tid bit' (THIS really gets me!!). He had VNA come in, for a while, to look at his foot. By THIS time (in the last few months, anyway..) his foot was infected and he ended up in the hospital and 'rehab', for a while. The hospital assigned VNA to come in, for a brief time. He kept telling VNA he couldn't even stand on his foot, gave him ALOT of pain, etc. Right after VNA would leave, he would get up and get into his car and drive away. At one time, when I was there with my 'client', VNA arrived. However....the husband wasn't there. He was out driving his car. He came home and walked into the house..while VNA was STILL there!! The VNA nurse really got on his case!! VNA wrote up 'discharge' papers and said she would write a documentation that he no longer needed them to come into the home. The husband tried to 'appeal' her decision, through the VNA board (lack of a better word). Anyway...to wrap this up, this is what I mean about 'playing the system'. From what I understand, he tried to file for Disability recently. He was denied. |
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sdchargersfan
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| Posted: Sun Aug 15, 2010 2:12 am Post subject: |
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If what you describe is accurate, he's not playing the system, he's committing fraud, and deserves the consequences. In California, it can result in a fine of up to $150,000 (or twice the amount of the fraud) and/or up to 5 years in state prison. And that's in addition to restitution, which must be paid before any fine can be paid.
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MaxHerr
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