Medical Retirement.

[Pete53]

My Brother was hospitalized recently for an emergency and treated by Army Doctors. He lives in El Paso and the closest VA Hospital in in Albuquerque NM. The Army Doctors though that he probably had cancer or was loosing blood. He was diagnosed with psoratic arthritis was given cortisone injections in feet, ankles, back, knees and lower back. Seems like he had severe anemia from it also. Since he has a 10% rating for psorasis and a 10% rating for arthrititus we are going to ask for a higher rating.

The Army issued him a walker but hsi condition is not good. He has no energy and is exhausted all the time. He asked his work if he could use his disability insurance but they told him no since he had already applied for early retirement cause he could no longer do the physical part of his work. He applied for early retirement for January 2010.

My question is with the condition he is in now and the hospitalization for 4 days should he ask for a Medical Retirement from his work? I am fixin to call him and tell him to see a Doc and possibly a Lawyer. I also think his Company was wrong to tell him that he could not use his Insurance.

[rentalguy1]

Yes...he should be able to get LTD. His company is trying to shaft him. Tell him to speak with a lawyer first and get a concrete answer and then go back to his company with a ultimatum.

[broncovet]

Pete

If your brother is using his walker, you just dont see very many people working who use a walker, and I suggest there are good reasons for that. I dont think, however, that a 4 day hospital stay, in itself, would qualify anyone for LTD or TDIU.

I would suggest he apply for applicable benefits..that is, LTD with his insurance Co, SSD, and both VA Pension (if he makes, or expects to make less than about 12k per year) and TDIU, along with the increase in disability rating for arthritis.

The key is probably going to be if his doc says he is disabled.

Social Security is ran much better than VA and will probably get your brother a decision within 90 days. Appeals for Social Security usually take 2 years.

Compare that with the VA, who pretends they get Veterans their benefits in 6 months, while we all know the six month number is pretty much a lie. VA benefits take 2 to 10 times longer than Social Security, and I venture a guess that the VA's real processing time, including appeals averages about 4 to 5 years.

Since only a small fraction of VA claims are fully granted on the first decision and have to be appealed, their 6 month time frame is a deception.

Edited September 17, 2009 by broncovet

[john999]

Get the lawyer! These companies are pros at trying to get out of paying for LTD. The actual insurance company will probably try to weasal out of it as well. I have LTD insurance and have had it for 8 years paying me. It was a private policy. The group policies are awful and are full of loopholes. Any increase in compensation from SSD or VA or workers compensation comes out of the amount you get usually from a group policy like you get at work. ERISA is also the enemy. It is a terrible racket. They take your money for years and then try and not pay you when you can't work.

[Pete53]

Update he just went to VA and they issued him a rollator with no copay and he is only 20%

[vaf]

Rob Hoskins, Foster and Foster Law Firm in Greenville, SC -- one of the best darn ERISA attorneys in the country, bar none. There's nothing about disability plans he doesn't know. Since this is a federal issue, any lawyer in the country can assist, one is not limited to his/her own state...

I'm speaking from personal experience, my husband was a former client.

(Unpaid and unsolicited testimonial)

[Pete53]

Rob Hoskins, Foster and Foster Law Firm in Greenville, SC -- one of the best darn ERISA attorneys in the country, bar none. There's nothing about disability plans he doesn't know. Since this is a federal issue, any lawyer in the country can assist, one is not limited to his/her own state...

I'm speaking from personal experience, my husband was a former client.

(Unpaid and unsolicited testimonial)

I am not sure its Federal its a Nationwide Company and his office is in Texas.