About Kyla Kelim Expertise All social security/disability cases
Experience I have practiced law in Alabama and Florida for fifteen years. Our firm serves primarily the elderly and disabled, and we have more than 60 years of collective experience with handling social security disability cases.
Organizations
Organizations Alabama State Bar
Florida State Bar
Education/Credentials
Experience in the area I have practiced law in Florida and Alabama for 15 years. My firm has over 60 years collective experience in disability and elder law issues including hearing and appeals for social security/disability cases
Education/Credentials Cumberland School of Law, Samford University, J.D. 1993
University of New Orleans, B.S. Business Administration 1990
Question I have been disabled since Dec.31, 2007. I am currently on CA state disability, which will be exhausted in the next week or so. My company also has Short Term Disability which has paid me a supplement, but will also be exhausted in about a week. In April I applied for SSDI and recently received a letter in September stating that I was accepted starting back June 2008. My understanding is I have to be disabled for one full year in order to collect these payments. Is that correct?
In addition, my company offers Long Term Disability which I paid into but if I take those payments starting next month, will they ask for that money back when I go on SSDI?
At what point do I have to inform my company that I am leaving, after one year of absence?
How am I affected by COBRA? The letter from SSDI states I get COBRA for 29 months - when should I let the health plan know about this positive determination?
And lastly, can my husband continue on COBRA also, and if so, can he choose is own elections?
Thanks for any help you can give me. There is just so much confusing information out there. I can't keep track.
Answer Barbara, no you have to be disabled 5 months to get social security disability, which will be retroactive back to teh application date (or up to 5 months afterwards, depending upon the relation between your date of disability and the date of application. Sounds like you applied for disability sometime in January? Which would be about right.
Since you have not taken long term disability, then no,you should not have to pay that back, but they will only supplement your income: if you are entitled to payments of $ 800.00, but social security pays you $ 700.00, then ltd will pay $ 100.00 per month.
If you're entitled to long term disability, I don't think I would inform your company you are leaving.
