MSM / Multi-line Statutory Managers

1.)  Do I have to live in New Jersey to receive TDB benefits ?



No.  Where you live has no bearing on whether you can receive disability benefits.  The most important eligibility requirement is that you worked for a New Jersey covered employer.



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2.)  Is there a time limit for filing a disability claim ?

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Yes.  You have (30) days from the first day of disability in which to file your claim.  If your claim is received more than (30) days from the start of disability, you must show good cause why the claim was not filed timely.



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3.)  I know the date of my surgery, can I file a disability claim before I stop working ?



No.  A disability claim should not be filed until your period of disability begins.  Even though you may have a scheduled date for surgery, a claim must not be submitted until you become disabled.





4.)  How often do I need to see my physician in order to receive disability benefits ?



There is no set requirement as to how often you must see your physician, however to continue receiving benefits you must be under the continued care of your doctor.  Periodically, forms will be mailed to you to obtain updated medical information.  Those forms must be completed by you and your physician.





5.)  When do my benefits begin ?



Benefits are payable on the eighth consecutive day of disability.  The first seven days of disability are called the waiting period.  If your disability continues for (3) consecutive weeks, you will receive benefits for the first (7) days.



6.)  Can I have more than one (1) disability claim during a year ?



Yes.  You can have multiple claims during the year however you must meed the eligibility requirement and have medical documentation for each new claim.



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7.)  I was collecting Unemployment benefits and then became disabled, can I file for TDB benefits ?



Yes.  If you are collecting unemployment benefits and become disabled, notify the Division of Unemployment immediately.  



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8.)  Can I collect TDB benefits if I was injured on the job ?



Work related injuries or illnesses are no compensable under the TDB law.  However, if you file a claim for workers' compensation benefits and it is contested by the workers' compensation insurance provider, you may be eligible for TDB benefits while the workers' compensation issues are being resolved.



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9.)  Can I collect disability benefits for alcoholism and/or alcohol related disabilities ?



Yes.  If you are disabled due to alcoholism or alcoholism related illnesses, you may collect disability benefits as long as you are under the care of a licensed medical practitioner and meet all the other eligibility requirements.  





10.)  Can I collect disability benefits for a drug problem ?



Yes, as long as you are no longer using illegal drugs and you are being treated for the substance abuse in a program with a licensed physician.  Your physician must certify that you are disabled, and you must meet all other eligibility requirements.  





11.)  I exhausted my benefits under my employers private plan but am still disabled, can I now collect State plan benefits ?



No.  Coverage under an approved private plan replaces the State Plan coverage.  Since you are not covered by the State Plan, you cannot receive State Plan benefits, even if you continue to be disabled.  



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12.)  Are disability benefits taxable ?



Yes.  A portion of the benefit is considered taxable income for both the Federal Income Tax and FICA (Social Security).  The portion of the benefit payments that is taxable is that portion attributable to the employer's disability contribution.  The worker's share of FICA is deducted from benefit payments.  The employer is liable for the employer's share of FICA.  Federal Income Tax is withheld only if requested by the claimant.  



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13.)  Can I collect disability benefits for pregnancy ?

Yes.  Eligibility for TDB benefits due to pregnancy is determined in the same manner as for any other disability however you must meet the wage requirements and your physician must certify that you are disabled.


14.)  When should I file a pregnancy claim ?

When you have stopped working and your doctor certifies that you are disabled.  Do not file the claim before you stop working or before your physician says you are disabled.  If you file the claim while you are still working or before the doctor certifies that you are disabled, your claim may be denied.



15.)  How long can I collect benefits for my pregnancy ?

For a normal pregnancy benefits are usually payable for up to (4) weeks before the expected delivery date and up to (6) weeks after the actual delivery.  Benefits may be payable for a longer period if your doctor certifies that you have a specific complication related to the pregnancy; you have a C-section; or you have another simultaneous disability.



16.)  If I work until my delivery, can I collect benefits for a longer period of time after the birth ?

​No.  You may receive benefits only for the period of time that the doctor certifies you are physically unable to work.


17.)  If I deliver my baby early, will I receive the same amount of benefits as a woman who delivers on her due date ?

Not necessarily.  Benefits are payable only for the period your doctor certifies you are disabled.  It cannot be adjusted because you delivered early.



18.)  Is my employer required to hold my job for me if I stop working due to pregnancy ?


The New Jersey TDB Law does not require an employer to hold a job for someone who is on disability.  However, you may have job retention rights under the State or Federal Laws

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