• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

offset LTD benefits by SS disability benefits

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

R

royals1969

Guest
I work in new jersey but live in new york (not sure if work state versus resident state are revalant). I need some advice. Through my employer, I paid into a group ltd insurance plan for 15 years. I am collecting a monthly benefit from this policy for the past 8 months. I have had 2 major surgeries on my lower back, and I will not likely return to work. The insurance policy says i will be paid 60% of my salary until i reach the age of 65 ( I am in my mid 40's). I have now also applied for SS disability benefits as instructed to by the insurance company. INS Co. want to offset my monthly benefit by the monthly social security disability benefit i will soon be receiving. They say this information is in the policy that my company purchased.
Can they do this legaly ? And can i fight it, I am a 43 year old married male with 3 children. I am in financial hardship and not making ends meet from month to month. The social security disability money would certainly help me financially if I was able to keep it without the insurance company reducing my monthly benefit. What can I do? Royals
 


R

royals1969

Guest
Thanks for the link, i will go there...But i have a copy of the policy(booklet my company sent me) and the policy is not totaly clear. I showed the booklet to a lawyer and even the lawyer was not sure if they could legaly offset the SS disability. So what should i do ? Royals
 

Bigfoot

Member
Did you talk with a lawyer who specialized in disability issues ? If you had the LTD and another disability policy, one would still offset the other to insure that you do not receive more than 100%. One reason for not exceeding 100% is so that recipients will still be inclined to returning to some type of employment.

So since you've been receiving benefits for the past 8 months, you're not working, right?

SS may have a waiting period before benefits start.

SS may ask you to submit to regular physical exams to determine the status of your medical condition and whether or not they believe that your condition warrants continuing financial coverage.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top