I feel that I want to go on Social Security disability however I’ve heard a lot of people say that I will be rejected. I’m not doing terrible however the depression and sadness has overcome my brain. I find it very hard to work because I’m in retail and it’s hard to put on a happy face. I’m wondering if there’s anybody out there that can give me any advice on how to approach going on Social Security disability. I don’t have a lot of money To hire an attorney. Any comments would be greatly appreciated.
Thank you
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Canchondo
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Hi Canchondo -
First, I agree 100% that you should not engage an attorney! If you even think about googling the topic, ads come up trying to convince you that you need one and that it's worth the 33% or whatever they'll take from your benefits. So, good call on that one!
If you have Stage IV cancer you generally qualify automatically and in an expedited way (so ignore what you read about the slow process). HOWEVER, you have to be not working due to your disability for several months before you can apply/qualify, which might be a financial challenge. I don't know the exact length of time, but I want to say "five or six months".
Do you, by chance, have "short term disability" benefits through your employer? So if you, say, were injured or had a heart attack, is there an employee benefit that would pay you while you recovered? From my experience and limited knowledge, the metastatic cancer diagnosis qualifies you for this (if you have the benefit). Even if your symptoms for the actual cancer are minimal, the side-effects of the meds, e.g. extreme low blood counts, fatigue, nausea, headaches, some pain, etc., can result in approval.
**The key thing is that your doc has so sign off on it, so this is not the time to be stoic, i.e. don't hold back about the issues you are experiencing. A couple of times I've received mild pushback from nurses and I've said clearly "I have maybe four good hours per day, how on Earth could I hold down a job?!". So clear communication is essential.
Good luck with it! And, IMPORTANTLY, don't take what I say as gospel. Keep doing your own research...
Best,
Lynn
in reply to
Applying for short term disability with your employer is a very good suggestion Lynn. Thanks for mentioning it. Here is a helpful link I found to help all of us understand that option:
You can contact the U.S. Congress person for the district you live in and they should help you all the way through. You will have to give them a lot of information. Stage 4 cancer is usually approved. You should not need an attorney. Political party should not matter. They represent everyone in their district. Best wishes. Blessings Hannah
There is definitely no need to retain an attorney -- and I say that as a retired attorney!
At the end of my post is a link to the website for how to apply with Social Security disability for MBC folks. I successfully used it and started collecting in December 2019. You can apply online via Social Security's website.
SSDI has a streamlined process for MBC patients called "Compassionate Care Allowance." All you have to do is provide a doctor's note confirming MBC. They don't need proof of the any other condition associated with MBC or your overall health. This expedites the process (although it still takes about 4 months). The application process is straightforward.
With MBC and SSDI, you collect the monthly amount you would've received if you waited until age 67 -- it is not discounted as I understand it.
You don't have to prove any level of disability other than your MBC diagnosis. Good luck. Feel free to ask any other questions.
One other option if you want: If you work for an employer with more than 50 employees within a 75 mile radius and have worked over 1,250 hours per year, you can consider taking some time off under the federal Family Medical Leave Act (FMLA). I provide a link about the FMLA at the end of this post.
The FMLA requires employers to give eligible employees up to 12 weeks of leave per year, either in a 12 week chunk or intermittently. For example, if you want to take 1 week off per month, FMLA would let you do that. It is illegal to retaliate against an employee who requests FMLA or takes time off under FMLA.
HR knows the process and it should be straightforward with a simple application they provide. However, be aware that you are not entitled to paid FMLA. You would be required to use your paid leave first and then once that is exhausted, it would be unpaid leave.
If you want to take some time off first before you make a momentous decision about SSDI, this is an option.
Glad you have short term disability insurance. That is a nice option. I provided a link in another reply about that process. Be aware that STD insurance does not cover 100% of your salary. It ranges from 4060%. You typically can continue your employer provided health care coverage while on employer STD insurance.
FYI, it is labeled employer provided STD, but it is actually provided and managed by the employer's third party insurer. Human Resources or Employee Benefits should help you with the forms, etc.
Marthasvineyard! Thank you so much for the very valuable and expert input!
Best,
Lynn
in reply to
You are very welcome. I am glad to be retired, yet I managed to retain some of my knowledge from working in employment law so I am happy to help. Others in our group are good with medical questions, nutrition, self care ideas, etc. I so appreciate the insights we all bring to this forum
Please don't take what I write as gospel, but if you have short term disability through work, I feel like you're in a good place. I "think" that you should explain to your doc that you are unable to continue working due to side-effects of meds, etc. Get them to /watch them "nod" (or a verbal agreement is better) and then notify HR. After the waiting period, you can get SSDI, but I don't know at what point you need to apply...is it when you go out on STD or when that's running out? I don't know....
If your employer offers STD, do they also offer LTD? You would typically see this as an option when you enroll in benefits in, say, November. What this does is continue to pay you a % of your compensation after STD runs out. Whatever that % is, is paid to you AFTER deducting what SSDI pays you. So, let's say that you have 50% LTD from your employer, and that's...$3000. If SSDI pays you...$2000? per months, the LTD pays you $2000.
**Important: If you have a choice during employee benefit enrollment in November/December between, say, 50% and maybe 60 or 66%, into which you'd likely pay, it might behoove you to enroll in the higher benefit % and THEN go out on disability.
I can imagine that this might feel complicated or maybe even overwhelming, but it really does help you in the long term to be strategic. If you'd like to PM me, feel free to do that.
Best wishes to you. These decisions are challenging and feel riskier than they might be. But if you go out on employer LTD please know that they will review your claim every 6-12 months, which will be stressful. So please keep that in mind...
I'll just also mention that the ability to not work and have some alleviation (word?) from the financial stress of giving up a job, really does come with some benefits. Ability to focus on "you", your non-work related objectives, etc. I know it's tough, though...And I would never, ever want to encourage someone to take the very real risk of applying for benefits which require giving up a livelihood, so please do weigh it for yourself...
Best,
Lynn
in reply to
Error! Error! Error!!!
In the example that I gave, if 50% of your eligible compensation is, say, $3000, and SSDI pays you $2000, then the LTD through your employer would pay you $1000, not $2000.
Again, feel free to reach out for details, but always know that I'm just a random person, operating from the perspective of my individual experience...
I'm really trying to follow. I used my STD and now am on LTD through my work insurance. I've been off since May. By reading the above, am I understanding that I could apply for Social Security disability too? I do plan on going back to work as soon as Dr lets me (once it's safe due to Covid/ being immunocompromised). It is all a confusing situation. I'm so glad original poster asked the question.
So sorry for the delay in responding, I was distracted by family matters...
...So you're on LTD, at some % of your regular compensation, and you want to return to work, which is noble, for sure.
From my limited (!!!) experience, the LTD payout is reduced by the amount of the SSDI payout to, in combination, reach the % of payout you've signed up for. So, for example, when I went out on LTD i was warned by the provider that I should sign up for SSDI by a certain date because my benefits would be reduced on that date by the amount that SSDI would pay/would have paid me.
So, re-reading your question, I think the answer is "yes", you can -- and probably should -- apply for SSDI at the same time.
If you plan to return to work for financial or other possibly good reasons to do so, maybe you don't need to apply for SSDI. But if you plan not to return to work and want to be sure to obtain the benefits that are due to you, I think you would want to apply for SSDI in addition to LTD, since LTD will reduce under the assumption that you're receiving SSDI.
I'm afraid I've made this seem more complicated than it is/needs to be....please let me know if you have any other questions...
Hi Lynn. When applying for LTD during enrollment period, isnt it true it wont cover a pre existing condition? I saw on mine that it wont cover the LTD for cancer if I had the dx prior to the enrollment. Faith
Hi Faith - I'm sorry, but I don't know the answer.
I was working for "company A" when I was initially dx stage IIb/IIIa. Did not go out on disability, against my doc's recommendation. Then bounced back and moved to "company B". Was dx metastatic after that and went out on ST disability, then LT disability (along w/ SSDI), from which I've receive benefits ever since.
I have no real knowledge of the specifics beyond my experience, but I do think there's a difference b/w early stage and late stage cancer in terms of coverage?
If you have any info/experience to share, please do. I often note that we don't share info on these topics enough so it's sort of murky, which could make some of us reluctant to access the benefits that we're due...
Hi Lynn. Murky is right!!! The benefits are also different in different states which also complicates things. I looked into Medicare which I am not eligible for until 2 years after filing for LTD. In my case I live in New Jersey and receive care in NY so I have to be sure to have a good supplemental gap insurance that is excepted by NY doctors. I looked into it, but the reality is that it is 2 years away. I just gave my notice today at work that I am going out on std. Weird feeling. Tomorrow I get my first if chemo. I am sure that will be weird too! This whole journey is weird. I wish it were all a bad dream and that tomorrow we all wake up and everything is back to our old normal. Take care. Faith
Thank you Martha’s Vineyard... that was so helpful for me. I was 44 when stage 2 Struck and then lucky to have 16 long happy years before MBC dx’d in June. I just found you lovey ladies and all of it has been comforting but this thread has been so practical and important for me. I live in Auckland NZ but most summers I come back home to a cottage in Plymouth Ma near Martha’s Vineyard.
If you have stage four breast cancer in the United States, it is one of the automatic approval diseases! (I think you need 40 quarters or 10 years of employment history where you paid into Social Security to be eligible for SSDI when disabled, but don't take my word. If you are young, there are exceptions, I believe, and maybe other exceptions.) You can login to SocialSecurity.gov and look up your employment history.) You absolutely do not need an attorney to apply if you are stage 4. You can apply as soon as you are 100% disabled and NOT WORKING AT ALL. I applied a few days after I went on full sick leave. (Interesting tidbit: if you have any accumulated sick pay and can go on a paid illness leave or paid family care leave for yourself from your job, you are actually allowed to still bring home a sick leave salary AND take SSDI as long as you are not doing any work at all. There is a 6-month waiting period before the payments start. I applied all by myself, included a copy of my pathology report and whatever else they asked for, was approved, and started getting checks six months later. Because I had a zillion hours of accumulated sick hours saved up at my university (from over 18 years of employment as a professor), I was able to get my full salary for over a year. From Dec 2019 to Aug 2020, when I retired, I got my regular salary AND SSDI! (That was fun while it lasted.) Now I have my CalSTRS retirement pension, CalPERS retirement pension, and SSDI. It all adds up to very close to what I used to make, so I am very fortunate.
Finally, there is a strange "Ticket to Work" program after you are on SSDI. To entice people to go back to work, for a certain period of time, you can keep your regular SSDI income and go back to work and earn a salary.
I was on social security disability insurance because I was hit by a severe case of Guillan-Barre’ Syndrome in Oct. ‘18. Two weeks before leaving the nursing home, after 5 1/2 months there, and 7 1/2 months in the hospital I was diagnosed with breast cancer,
Breast cancer is a legitimate reason to go on SSDI. I am on it because of my breast cancer treatment. Ask your oncologist how to begin the process. He can probably write a letter to the Social Security Administration recommending that you take time off to recover, My situation “rolled” from the GBS into the breast cancer treatment.
You can telephone your closest Social Security office....I've always found them to be pleasant, helpful and knowledgeable about the process. You don't need an attorney. I hadn't even thought of "retiring" early and collecting Social Security Disability but attended a bc retreat that the cancer center where I go for treatment had every fall and I met women there who told me how easy the process is! If we have worked enough quarters and paid Social Security, we qualify! I was told that I had to have stopped working before I applied so the day after my final day of work, I called the SS office for an appt and they gave me one for 8 am the next day. I got there a bit early and stood near the front door with others waiting to go in and they were talking about how long they had been waiting for an appt, weeks and even months. When you call for the appt, make sure you tell them that you have stage 4, metastatic terminal breast cancer! (I hate saying the terminal part, but that is what gets us fast tracked!) I had been getting copies of all my scan and blood test reports so I took those with me. When I applied back in 2004, from application time until we can collect SSDI was five months, but that really stretches to six months as we are paid the month after the month we are paid for. And my birth date is late in the month, so I get my payment is the fourth Wednesday of the month, so that is almost 7 months. And then it is 2 years until we qualify for Medicare, unless we are old enough to qualify based on age. For those of us on a low enough income, or no income, we often qualify for Supplemental Security Income until we receive SSD, also Medicaid is an option in many states. If you are old enough to join AARP (age 50, I believe) they offer good Supplemental Medical insurance once you are on Medicare, if you don't have a retirement medical insurance thru your employer. I have direct deposit for my SSD, and I believe that is required now, and that has gone smoothly every month, with my payment showing up in my checking account right on time, even when we switched from a bank to a credit union. We kept the bank account open over lapping getting the one at the credit union just in case it took time for SS to make the switch but that happened the first payment day after I notified them. We do have to pay a monthly amount for Medicare, something I didn't know ahead of time. I forget how much that is and it can change every year. I hope your expereince will be as easy as mine has been!
I had a friend that went on SS. He just contacted the SS office and they helped in start collecting his money. It took several months but he finally got to collect it....Good luck
I was told by the oncologist’s social worker that I was entitled to it since I was stage 4. I have not returned to work due to all the pain and being tired. The social security office will send you a big packet but you can start the process on line. I gave them everything and shared all my pain situations ( like how some times the pain is so bad in my hips I can not stand or sit etc). It will take 5 months from when you turn in forms but it will wok. Go on line
I agree wholeheartedly that you do not require an attorney. I am one, retired now, and read the act. Stage IV automatically qualifies. I applied on-line on Tuesday and they called me on Saturday saying I was approved. The reason it is so fast to get approval is that it falls, as others have said, under the compassionate allowance provision. By statute, there is a five month waiting period that is not paid after the date your employment terminated. Per the social security employee, they expect people like us to die in those five months. It is mandatory now that it be direct deposited which means immediate money for you. The rate now is a tad higher than it would be if you waited to collect at the permitted age. This rate stays with you after you hit that age. In my opinion, there is no reason to wait as who knows what will happen to the auto qualification with the advancements in medicine!
Well I have looked at this backwards and forwards I have children in college my husband has a self employed very small business we are all under my insurance. I live in an expensive state living expenses are high. if I go on disability I’ll make 30 to 40% No company LTD and All will go to insurance, We all know that Medicare kicks in at 65 and cobra is a fortune. I have a little over 2 years to go. I have the best care and afraid to change to any other onc or cheaper insurance.
I work remotely 4 days because of Covid it actually manageable. I’m still at it but of course one really bad progression and everything will change. I can’t help but feel that everything is pulled together by thin strings. What is CAl str and Calprs??? Are those programs only offered in California I will google.
Constantly assessing . This is very informative but I see that many factors come into managing very important is energy level and happiness.
Hi ChrisVict - I'm re-reading this thread because i wanted to enhance my own knowledge, but I want to mention that if you're on SSDI, you qualify for Medicare early, no need to wait until 65. I don't remember if that qualification happens as soon as SSDI kicks in or some time afterwards (maybe it's the next enrollment period?), but I qualified at, like, 54 year old. I checked out my costs under medicare (including a supplemental policy, rx. coverage, and cost of the meds) and decided to stay with private insurance, which was an option for me. I had to document to Medicare that I had this coverage before they "let" me decline the coverage. My sister, however, took the Medicare (I think she thought she had to) and still has private insurance. I don't know if this is advantageous in some way, but I don't think it it...
Hi, You already received very helpful advice. Just want to add that I also looked into social security disability and learned that you qualify just based on the diagnosis of the Stage 4 BC. No attorney is needed. You’ll need a note from your doctor to confirm the diagnosis. However, you should be out of work for 5 months before you get it. So I suggest that you apply for short-term disability at work to receive some income AND apply for social security disability immediately after you stopped working.
All of these ladies gave you great advice. I will only add that first, it is a little time consuming but not difficult. It helps to have all of your medical records including doctors, hospitals, scans and dates at hand and written down and organized in a notebook before hand to easily refer to when you actually start the online application.. There is a pre application packet explaining all of the materials and information that you will need to apply on the social security website. Doing your homework first expedites the online process. Secondly, start the first part of the application now before you have everything together because after you do your name, address etc..(the easy stuff) you can log out and come back. This is the date that they go from for determining the date that you will start your waiting period or back payment. So if you wait a month, you will lose that month of benefits. They give you a reentry number to get back into the online application. It is important not to lose that. It is easy to reenter and keep working on the application . Another important piece of information is to use the earliest date as to when you were first diagnosed with breast cancer (not necessarily MBC). They will ask that question and determine benefits from that date and the application start date. They will pay you up to a year's backpay . So if you have been sick for months, you can get a check for all of those months first ,up to a year' before the monthly benefits start. Your medical records should reflect this date. Such as biopsy results or when you started chemo or other treatment etc . I will use my example to clarify this. I started the SSID application process June 5, 2020 (it took me about a week to complete) . I started chemo November 13, 2018 for bilateral stage 1 and stage 3 breast cancer in both breasts. I did not have MBC at this time. That was diagnosed December 2019. They determined that I was owed benefits from November 13, 2018 but could only backpay a year so they started my payment from June 5, 2019(before the MBC diagnosis) and sent me a lump sum check for that year which I received within a month. The next month I started monthly payments, If I had started my application let's say on January 5 , 2020, instead of June 2020 they would have back paid me from January 5 , 2019. I lost five months of checks because of the initial application date. Lastly, send the application to your local SS office at the end of the internet process. There will be an option for that when you are done and ready to submit. It expedites things. If you also call that office after you submit and ask to check on the status or they call you to verify your identity, please tell them that you have stage 4 MBC, It will go through quickly and the 6 month wait will already be done if your diagnosis was more than 6 months ago and they use that earlier date (not the date that you first start the application) as the benefit eligibility date. One other thing. The benefits will start without taxes being taken out. There is a form you can get from your SS office to fill out if you want taxes to be taken out each month rather than a lump sum at the end of the year. Good luck and I hope that this was helpful.
I was without income for one year and 7 months before I applied for disability which is why I received backpay for one year. There is a question though on the application about if you have been working and how much, so obviously people apply who are working out of necessity . There is a section on the application for explaining your personal situation and mentioning that work is no longer possible due to the pain . I also recall that some part time work may be acceptable. Sorry if I was misleading as my employment situation was different from Canchondo who asked the original question. It is worth looking into to see if it is possible to get benefits immediately in order to stop working. I believe MBC is listed as an automatic acceptance. A call to the local SS office can clear all that up and tell one how to proceed in this "Catch 22" situation. Perhaps there is some sort of assistance for those who can no longer work but can't afford the 6 month waiting period. Good Luck and God Bless
Well all I can tell you it didn’t take me long to do just that but at first I thought I didn’t qualify and that I would be denied. The approved me within two-3weeks after phone interview. I applied on line and they set appointment on the phone. I had all my reports ready with time of diagnosis and biopsy -petscan dates- dr names all of them and any other illnesses -I have diabetes too. Stage 4 breast cancer with spread to bone and she told me then it would very quickly the approval for disability. I was on early social security so really all it amounted too was about 350$ more than I was receiving. Hope this helps you to do it. I live in Texas .🙏❤️
Ah makes sense but nice to know you got the higher of the 2 SSDI vs SSI which by the way is being put off to 661/2,67 and older so there is the gap between the 65 when we all become eligible for Medicare and full retirement which I believe is what SSDI is based on.
With the knowledge we have now of BC I hope younger candidates explore LT and St with
Their employers and private options early detection and genome tests have made this possible .
I was dx stage 4 in spring of 2012. My aggressive treatments continued through early 2015. I did not apply for SSDI until 2014 because I needed to find a living arrangement that would allow me to cut my income by switching to part-time hours. Only then could I apply, and I finally did. I was already becoming so tired by then! There was a small error on my application that should have been easy to correct but the system is not built to do that so I was rejected. Thanks to forums such as this, I knew I could contact my congressional representative’s office for help (instead of a lawyer). They got it fixed very quickly and I was approved and began waiting (6 months) for my first check. Of note: I have been blessed with remission, and my research showed me that no tumors/no aggressive treatment can lead to getting kicked off of SSDI. This became a source of anxiety for me as I developed other disabling problems that went unaddressed because everyone was so thrilled I had no tumors (me too!) that they could not see past my amazing tumor good luck, and take my new problems seriously. I was treated like I was making everything up. It’s a long, frustrating story that I’m finally getting addressed. But I just thought I’d add that. Social Security ultimately cares less about your dx and more about the actual reasons your body can no longer tolerate a 40 hour work week. Document everything! Ftr I am still being treated for my cancer but I’m lucky it is minimal (Letrozole) and my direct side effects from it are tiresome but tolerable. Right now my disability is only indirectly about my stage 4 dx, and directly about the other problems my initial cancer dx led to (exhaustion and PTSD, like I said it’s a long story). But my SSDI has been saving my life. So grateful to have it. I wish America was not so weird and ruthless about it.
Am I the only one that thinks SSDI is close to poverty especially if you have to pay for medical insurance! And if you have a tiny bit for retirement you will not get approved for Medicaid! Cancer deductibles are expensive. I am not an ex government worker or a part of a lucrative benefits package working seems to be the best solution Until I can’t or am dismissed. . It’s really a catch 22.
You are correct that SSDI is not a “gravy train” as the old saying goes. If you can still work, or you enjoy working, a paycheck is probably better in terms of dollars
OTOH, it is useful for folks to know this option exists. It may be a good route to take depending on where you are in your life. I can imagine it would be an issue if it was my sole source of income.
For those whose condition limits being able to work, and for those of us who want to accelerate retiring, SSDI is beneficial.
Social Security has a calculator on its website that tells what one can expect. Then one can make an informed pros/cons analysis.
Best wishes
Hi Canchondo (and others) -
I woke up realizing that I left out one potentially important aspect of the decision to go out on disability...
This might be in the discussion already, so forgive any repeat, but wanted mention that - in my experience - there was a point in the process after which I was no longer an employee of the company and so they were able to fill my position and I would not have the ability to return to that job/company if I decided to return to work or if, god forbid, I was no longer able to receive the disability benefits. So there is a "point of no return", which felt like a risk to me.
What I did was sort of figure out that if I successfully remained on disability for two years, I would have considered the decision to be a good one. I've been on it for more than five years, so clearly it has worked out.
Also, I don't know what your situation is with your healthcare benefits, but if you need to keep working to maintain medical insurance, then clearly that would be a big consideration. I suppose you could switch to Obama Care (you can find out the costs online, I'm sure) but, sadly, I don't think this is guaranteed to remain in place. You do qualify for medicare after being on SSDI for a while, but I think the waiting period is quite long...
My apologies if this is redundant info...I'm rushing off to tutor my nephews ( )this morning but wanted to get something out quickly just in case you were on the verge of a decision...
Thank you so much for the detailed comments. I’m not sure what’s gonna happen in my future, I only know that I do not want to spend the rest of my life working and not enjoying my family and friends. Wish me luck!
I am wishing you good luck! Please let us know what you learn... Lynn
p.s. I just re-read (scanned) thread, and wanted to make sure you (and future readers) know that if you are on SSDI you are allowed to earn up to....?....something just short of $20k?, and not have reduced benefits. I believe this is related to the "ticket to work" program that someone referenced above.
With private/employer disability benefits, any money you earn is deducted from the benefits you receive (in my experience). Plus I feel like they are looking for any way to claim that you are able to work and therefore no longer need the benefits at all so if, say, you work 10 hours a week, they might say "then you can work 40".
I'll mention that early-ish my disability, the person who called from private insurance to check up on me (they do this twice each year) mentioned me working for the company in a limited way. I was intrigued, mostly out of gratitude for the benefits I was receiving, and then she very kindly found a way to make it clear to me that this was not a good idea...
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)this morning but wanted to get something out quickly just in case you were on the verge of a decision...
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