Disability Resources

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Last Updated: 08 November 2015 08 November 2015

General disability resources

State and Local Disability Commissions—These agencies assist disabled persons with a variety of resources and programs.

Many cities and towns have disability commissions, social service departments, or civil rights commissions that can assist you. To find out about this type of assistance in your community, call your city or town hall.

Massachusetts disability resources and agencies

The Massachusetts Association for the Chemically Injured is a non-profit statewide support, education, and referral organization for people with multiple chemical sensitivities and those concerned about chemical injury. For more information, contact MAC at P.O. Box 1171, Concord, MA 01742 or 508-681-5517.

The Arthritis Association, Massachusetts Chapter provides information, referral, support groups, counseling, education, and exercise programs to people with fibromyalgia (FM). Contact the Arthritis Foundation at 29 Crafts St., Newton, MA 02158; 617-244-1800 or 800-766-9449.

The Massachusetts Office on Disability— Tel 1-800-322-2020. This agency can provide information, referral and advocacy for a wide variety of issues and problems facing disabled individuals. The Office provides direct advocacy for individuals who are having problems obtaining services from the Massachusetts Rehabilitation Commission, or who are suffering various forms of job discrimination. Information, referral and advice are provided for many other problems, including housing, medical assistance, transportation, independent living, and other needed services.

Massachusetts Rehabilitation Commission— Tel 617-727-2183. The major function of the Commission is to provide vocational rehabilitation services to the disabled. If you are determined to be disabled by the Commission, you may receive extensive training, education, rehabilitation and support services for future employment more compatible with your disability. (You can receive assistance from the Commission if you are collecting Social Security benefits or if you are disabled and not receiving such benefits.)

The Commission also offers homemakers/chore services to assist the disabled (see above section).

The United Way's First Call for Help Information and Referral Services—Check your local directory for the phone number, as it varies by region. First Call for Help is a comprehensive referral service for those in need in a crisis which can help you find assistance for a broad range of problems, particularly in the following areas:

1. Housing: crisis assistance for mortgage, rent and utilities emergency and transitional shelter, legal help with eviction
2. Assistance in finding health care
3. Assistance in obtaining emergency food and health care
4. Counseling: referrals for emotional and family problems.

The Disability Law Center—Tel 617-723-8455. The Disability Law Center in Massachusetts is a statewide legal advocacy, information and referral agency for individuals with disabilities. The center does not usually provide individual legal representation, but it can assist in providing attorney referrals.

Disability lawyers at the Center can answer by phone more difficult technical and legal questions concerning many aspects of the Social Security Disability programs. If you have been denied unemployment compensation because you cannot work full-time and can only work part-time due to your disability, the Center may be able to assist you obtain benefits. Also if you cannot continue to do your present job due to your level of disability but could still function within your company at reduced hours or in another capacity, the Center can advise you as to your legal right to job accommodation.

Health Care for All, Boston, Massachusetts—Tel 617-350-7279. Assists individuals without health insurance to learn about various insurance options and how to go about obtaining insurance.

Long-term Disability

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Last Updated: 20 November 2015 20 November 2015

When a Worker Is Too Sick to Continue Working Under Any Circumstances

If You Have Disability Insurance through Your Employer

If you are covered under an employer disability plan and become disabled while working, you can apply for disability under that plan. Many companies offer both short-term and long-term disability.

Short-term disability is usually for six months—on the theory that a disability may be relatively short and the person can return to work. Sometimes, short-term disability is covered by the employer, and sometimes by an insurance company. So to start, you go to your employer (usually Human Resources) and apply for short-term disability. Some companies offer no short-term disability, so the person can only take sick leave and vacation time during the time period before s/he can apply for long-term disability.

When the short-term disability or waiting period is about to run out, you then apply for long-term disability (LTD). LTD is usually managed by an insurance company—you are actually covered by a long-term disability insurance contract that sets out your rights, responsibilities and benefits—as well as the prerogatives of the insurance company to provide, limit, or terminate your benefits.

The disability standards for LTD policies often differ. Most policies do not require you to be totally disabled (meaning that you can't work at all). Normally, to be accepted under such policies, you will be unable to do your present job, or comparable work requiring your current level of education and skills. You might still be able to do much different and easier part-time work and still be eligible to receive long-term disability benefits. On the other hand, some LTD policies require that you cannot work at all.

Of utmost importance—You should apply for short and long-term disability benefits while you are still on the job. If you think you are about to be fired or laid-off because of your illness, apply for benefits immediately. Your rights to benefits are much clearer if you apply while still an employee. If, for some reason, you have left the job, and need to apply for benefits, you should contact the employer and ask to apply. You may need to check with an attorney. It will be harder to make your claim, but you should definitely do so.

In all cases, the medical documentation provided by your physician(s) as to the diagnosis, severity, chronicity, and disabling effects of your illness is critical to your acceptance for short and long-term disability. Your doctor must agree that you have an illness that prevents you from working under the terms of the disability contract. (You should obtain a copy of the insurance contract.)

Your doctor must be willing to document through medical records, office notes, medical letters and reports, and by filling out the insurance company forms, that you are disabled and cannot work. If you do not have a doctor who will do this, you should find a doctor who will. Unfortunately, sometimes a physician becomes unwilling to spend the time or "go out on a limb" to support a disability claim. But usually, if a doctor has known you for sometime as a patient and realizes that you have become chronically ill, he or she will want you to stop working to protect your long-term health.

Normally, the LTD insurance company will want you to see one of their physicians or other health care examiners. You may have to fill out various reports. You may find the effort and the demands of the insurance company taxing, but pace yourself and do your best in making your application. If the company seems not the most friendly or doesn't seem the most reasonable, remember the insurance company is in business to make a profit.

But also remember, you have a right to a fair deal with the insurance company. Ultimately you paid insurance premiums.

If at any point you are turned down for benefits, you should immediately obtain the assistance of an attorney who knows how to assist you with the appeal procedures provided by the insurance company and by federal and state law. Often the insurance companies will simply turn people down hoping they will give up. However, if the person applying retains an attorney after being turned-down, then the insurance company may consider the individual's claim more seriously than if no attorney were involved. Sometimes it may take a minimum amount of representation to obtain the insurance benefits on a first appeal.

Individual disability policies

Some individuals have themselves purchased a long-term disability policy—a policy of their own, in their own name. If you become disabled under the terms of your policy, you should apply for benefits in the same general fashion as discussed above.

Health care benefits under LTD policies

In many cases, individuals receiving LTD benefits can buy Medical Insurance under the federal COBRA law. This allows purchase of the insurance at a group rate, although the entire cost normally must be borne by the individual.

After a certain period of time, the COBRA allowance may expire and other health insurance options will have to be pursued. (See our section on Medical Insurance Programs for other options.) 

Long-term Disability Insurance and Social Security Disability

Most LTD policies require an applicant to also apply for Social Security Disability Insurance. Under most policies, if a person is accepted for both LTD and Social Security, the insurance company will deduct the Social Security payment from the monthly amount the company pays.

So if you are approved for both, you will not get more than the LTD amount. Usually the LTD amount is higher than the Social Security amount.

However, with Social Security, after a two-year waiting period, the individual becomes eligible for Medicare. Some people will say, "Why should I persevere in applying for Social Security if it will only be deducted?"

There are several reasons. If Social Security turns you down, then the insurance company may use this as a reason to question your continuing eligibility. Reversing this logic, if Social Security approves your application, you can use the finding of the federal government as an argument to the insurance company of your continuing disability.

Also, if you are approved for Social Security disability, then Medicare is a decided benefit if you have no future continuing health insurance.

More resources

Attorney Fee Agreements for Disability Claims: What is a Fair and Legal Agreement?

Disability Benefits, Fibromyalgia and CFIDS: What you don't know could be fatal to your claim!

Disability Discussion--Barbara Comerford, ESQ

Disability Insurance Claims: General Information

Dr. Gudrun Lange Reviews Neuropsychological Testing for CFS and FM

Long-term Disability—Advice from Attorneys

Update for patients with ME/CFS, FM or Lyme disease on important issues issues affecting Long-term Disability Insurance and Social Security

See also Employee Disability Insurance, Housing/Other Essential Needs, Job Accommodations, and Medical Insurance Programs.