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Old 01-28-2009, 02:40 PM
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Long Term Disability Offset


What is the name of your state (only U.S. law)? Florida. My LTD insurance co. has policy to offset ss dependent benefits until children graduate or 18, whichever is later. My oldest son, 18, who has been handicapped since birth, applied and was approved to receive SSDI on his own and will for the rest of his life. LTD company continues to offset his payment from my monthly LTD check, even though he is an adult, disabled, and does not receive or qualify to receive SSDI benefits because of my disability. (I have MS) I have requested this contractual error be corrected, verbally and in writing. LTD verbally says because son's disability payment is paid from my social security acct., the can offset. LTD contract and written correspondence from them is clear. The can offset dependent benefits through 18, etc. There is no policy language that states they can offset due to adult son, who is not my dependent, lives w/mom, receives ssdi based on his disability, and that benefit charged to my account. Was told by LTD to appeal, in writing, to their "appeals" board for review. Have not received decision yet. Can they do this or are they simply waiting for me to ignore it, go away, and accept their verbal denial? Is this legal? Any precedent?? Thanks in advance.What is the name of your state (only U.S. law)?
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