Hi,

It isn't fair, but Heather had a similar situation. Her Social Security disability was granted retroactive to the start date of her long term work disability. She had to pay back the work disability, but only up to the SSDI amount. She had received about $100 more per month from the work plan and that didn't have to be paid back.

We were told by the company that provided the work disability policy that she HAD to apply for SSDI once her short term (6 month) policy was done. If she didn't, they could refuse to pay her disability even though she paid part of the premiums.

I always thought that SSDI was for people who didn't have other coverage, but it seems like the insurance companies are allowed to force you to take the SSDI once you become eligible. It doesn't make sense, but that's the way this crazy country works. Her company did continue to pay the extra $100 per month that was over the SSDI payment.

I don't know the legality of all this. We were so overwhelmed with her recurrence and rapid decline that I just didn't have the time nor inclination to question it. Just doing the SSDI application was a major pain in the neck. I guess if you want to be sure, you would have to call a lawyer.

Good luck,
Rosie


Was primary caregiver to my daughter Heather who had stage IV base of tongue SCC w/ primary recurrence. Original diagnosis August 21st, 2002. Primary recurrence March 18th, 2003. Died October 6th, 2003.