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Help With Disability Insurance Claim After Layoff?

I need some help regarding an injury/disability I got before I got laid off. The crux of the problem is that I was injured (ankle) before getting laid off, but the doctor I went to under-diagnosed the injury and said I was fine to walk and go to work and just had to wear a brace. An HR person asked me about it and I basically told them what the doctor said and that I didn't need to go on disability insurance. Then they downsized and I was laid off. Well a few months later the injury kept getting worse and now I'm on my second back to back surgery to repair it a year later.

My question is, since the injury happened while I was employed, am I able to go back to the company and


Answer: You cannot get retroactive disability benefits.

If the injury happened at work or on the job (not merely while you were employed), then you can file for worker's compensation, which will cover both the surgery and a percentage of lost wages.

If the injury happened on your own time at home or elsewhere, then you do not qualify for worker's compensation.

Technically, you became "disabled" only when your injury worsened, not when the injury first happened. Even if you had not been under-diagnosed, you would not have qualified for disability benefits when you were employed, because you were not yet disabled.

You may qualify to
 
 

I Filed My California Long Term Disability Insurance Claim 40 Days Too Late And It Was Denied. Can You Help?

I am covered by a short term disability policy by my employer. Prior to my disability, I asked my HR department what I needed to do. I was told that my short term policy would kick in automatically and all I would need to do was fill out those forms once they were sent to me. I filled out the forms and received confirmation that my short term insurance had been activated. About 1 month after my disability, I received a reduced paycheck. When I inquired at work, I was told that I should have filed for long term disability along with the short term disability. I have since filed for long term disability but it was denied because I submitted my claim more than 40 days after the first day of


Answer: You have the legal right to appeal the claim decision, but keep this in mind - the insurance carrier follows the contract that they have with your employer. If your employer wanted a late filing clause, and the insurance carrier is just following the contract, then the appeal isn't going to do much good. If I were you, I would get a copy of your disability policy so you can verify that this late filing clause actually exists, file an appeal with the insurance carrier, and file an appeal/grievance with your state's insurance board. I think that these three actions are your best bet for possibly overturning the decision.

Good luck!

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Is W-2 Box14 Entry For CASDI (California State Disability Insurance)a Valid Claim On Form1040 Sched A Line5?

Instructions for Line5 say to include "Mandatory contributions made to California, New Jersey, or New York Nonoccupational Disability Benefit Fund, Rhode Island Temporary Disability Benefit Fund, or Washington State Supplemental Workmen's Compensation Fund" which seems vague at best. I have scoured the web for information addressing this question. CASDI is certainly mandatory.


Answer: If you are itemizing your deductions you can include the CASDI as State Income tax paid on line 5 of the Schedule A

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Is It Possible To Claim For Disability Insurance In Case Of Job Loss?



Answer: Only if you are actually DISABLED, and, of course, have DISABILITY INSURANCE COVERAGE.

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Can I Claim My Mother As My Dependent? She Gets Some Long Term Disability Insurance From Her Employer?

I pay for my mohter's housing and other living expenses, definitely more than half of her expenses. She is 62 and currently has social security benefits. She also get about $9000 per year from her long term disability insurance she had with her old employer, a goverment agency. Can I claim her as my dependent?


Answer: Assuming your mother's disability income is taxable income then, sorry, you will not be able to clam her as a dependent on your return because she has too much taxable income.

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