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Episode 12 Liberty Mutual Long Term Disability Insurance Claims

Episode 12/1: Liberty Mutual Long Term & Short Term Disability Insurance Claims
Episode 12/2: Liberty Mutual Long Term Disability Insurance Claims

In this two part episode disability insurance attorneys Gregory Dell Stephen Jessup and Rachel Alters of Attorneys Dell & Schaefer discuss Liberty Mutual Disability Insurance Company and their handling of long term and short term disability insurance claims.

From our law firms experience of handling disability claims against every major disability company, Liberty Mutual is in the top three for most claim denials. Liberty appears to be very busy in evaluating disability insurance claims and that unfortunately results in unreasonable claim denials.

In this video our disability lawyers discuss disability lawsuits against Liberty Mutual, a recent Liberty Mutual disability denial of a client with fibromyalgia, and the disability claims handling tactics of Liberty.

Please note: Disability insurance attorney Gregory Michael Dell created Disability Insurance Law TV in order to educate long term disability claimants about common issues related to long term disability insurance claims. New episodes are filmed on regular basis. Our disability videos are for informational purposes only and they are not legal advice.

There are 110 opinions so far. Add your comment now.

Brian Hanson:

I am actually an adjuster. I was involved in a plane crash. I was the pilot and at fault and therefore no tortfeasor. However, my employer, Farmers Insurance has a disability plan which is handled by Liberty Mutual (LM). I have severe injuries to include 3 spinal fusions, brain injuries, and massive structual damage basically my whole body. I was deemed Totally and Permanently Disabled by Social Security. I was involved in a motor vehicle accident 2 years later and offered $50,000 for general damages (pain and suffering not to include specials). Farmers is the tortfeasor’s carrier. Liberty Mutual placed a lien on the Farmers claim citing under ERISA they are entitled to my pain and suffering payment. There is a doctrine called “made whole” which essentially means the claimant (me) gets paid before they do. I filed an Insurance Commissioner complaint against Liberty. I called Liberty and advised them of the DEPARTMENT OF INSURANCE (“DOI”) complaint. Literally, 5 minutes later LM calls back and states that they are now going to do a peer review on my claim. They say it is a “coincidence” that their decision to peer review my claim comes minutes after receiving the DOI complaint. I urge anyone who has problems with LM to file a DOI complaint. Do this before you hire an attorney. If you hire an attorney first the DOI will refer you to your attorney. Allow the DOI to investigate and if there is no resolution after 30 days then hire an attorney. If you are under appeal guidlines where your appeal has to be completed within that 30 days, then obviously hire the attorney first. But take LM to the mat and let’s teach them to be ethical. I’m having problems and i have been an adjuster myself for 15 years, have a degree in Law & Justice, and an AIC designation. As an update, the lien has not yet been released, and i have yet to receive a penny from my Farmers auto accident injury claim.

Attorney Greg Dell:

Brian, I am sorry to hear about your difficulties with liberty mutual. Filing complaints with the department of insurance is a good idea in some disability cases, but each state has different rules regarding the procedures to do so. On our website we have provided links to the department of insurance for every state (see the Locations page).



I have been out of work for over 2 years. I have Liberty long term ,I had to get an attorney to recieve that. Liberty tried to get out of paying. I was in an auto accident an I had a lawyer handling that case.They drag their feet and I lost everything basically, but my clothing. Liberty has forced me pretty much to file for S. S. Disability.

Anyway, to sum it up, the attorney for the auto accident took most of my $25,000.00 and wouldn’t peruse my U.M. claim (I think thats a bunch of bull). And Liberty Mutual wants to be paid back when and if I recieve my S. S. Disability. I paid for L. T. Disability at my job every pay period.

What can I do, it seems I keep getting blown off. Can someone please give me some straight answers?


Attorney Greg Dell:


If your Liberty Mutual Disability Insurance policy has a social security disability offset provision, then Liberty will be entitled to claim the social security disability benefits that you may be paid.



I have been covered under LTD by Liberty Mutual for the past two years after I collapsed at work due to severe Emphysema (diagnosed one year earlier). Social Security had me examined by two different physicians and approved my “total disability” the first time through because it was very obvious to their doctors that I was quite disabled from even doing simple (sedentary) task a lot of the time. As well my CT scans and X-rays showed that it was a small miracle that my PFT test were (barely) moderate considering the severity of my (digressive) illness.

Once I was drawing SSD and Liberty was only paying me just above $100 per month they began an aggressive attack to make sure that they could drop my claim either before and definitely after the two year (non-sedentary) period. They have just informed me that they will be dropping me and that I can appeal if I choose.

I am too ill most of the time to even attempt to fight them (or their money) in court and getting worse with each passing month. However, I am a documentation person and have legal (digital) phone recordings (single party consent state conversations) of every conversation by the (many) “claims managers” that have mishandled my claim over this period… often giving me time-lines that most healthy people would find challenging to complete and return their requested documentation.

There is not enough time here to go into detail on how heartless, manipulative and deceptive most of these LM managers have been while dealing with my case… but the complete story would likely stop most people from ever paying into any LTD insurance policies.

I have but one simple question. I will not live long enough to fight these people in court and want to try to create public awareness (through my documentation) of the tactics of LTD insurance denials. Can I legally use these digital recordings publicly (via Internet, media etc.) to expose them for what they are doing to innocent people?

I don’t have much life left and even this task is difficult at best… but I’d like for my last days on this Earth (and my experience and proof) of LM’s intentional denial of valid claims to count for something before I go.

Thanks from myself, my wife (and many others I’m sure).

Attorney Greg Dell:


The use of digital recording without permission of the other party is different in every state. I would be very cautious in your use of these recordings. You should not identify the names of any of the parties involved. You can blog and discuss your experience with Liberty Mutual as much as you want. It is important that any statements you make are truthful. You should appeal your denial and not give up your fight for benefits. Please contact us if we can assist you.


My claim was just pulled from me. Basically they almost cost me my life. I ended up suicidal due to their denial of my claim after they, somehow, diagnosed me without ever seeing me.

I was just released from the hospital yesterday, I had major sinus surgery and prior to that I was also out for depression and anxiety.

My case manager admitted that she did receive two voice mails from my Primary Care doctor, with the request of a call back to her so she knew more of what they want. My case manager told me that she doesn’t call doctors back.

I am also concerned that the spelling of my ENT is incorrect, I also have followed up with one of the therapists regarding what she had sent to Liberty Mutual and what they actually stated as part of my denial.

Is there anyway to get the records from Liberty Mutual that the doctors actually have sent regarding my health concerns?

Attorney Greg Dell:


If your claim has been denied you have a write to request a copy of your entire claim file. This claim file will include every document that Liberty Mutual has received with regard to your disability claim. If your don’t see your doctor records in the claim file, then Liberty Mutual never got them.


I had a moderate to severe stroke and have been approved for SS disability. I was receiving LTD from Liberty Mutual and they had me see a doctor and decided to cancel my LTD benefits after only 11 months. I have paid into this insurance and need the benefits. I am a single parent with bills. My doctors and family do not believe that I am capable of returning to work yet. Hence, the doctors have not released me to return but I can’t financially afford not to. I talked with LM and they said they have a different set of rules for determining disability than social security. They told me all this over the phone. This is so stressing to me. My blood pressure is elevated. What can I do?

Attorney Greg Dell:


If your Liberty Mutual Disability Denial is governed by ERISA, then you must file an appeal of the denial within 180 days. The appeal must be sent to Liberty for their review. We handle ERISA disability appeals on a daily basis and we can provide you with a free consultation if you send us a copy of your denial letter. Please visit this page to learn more about ERISA appeals and the importance of submitting a strong and detailed appeal.


Need help getting my 3 weeks pays for log term. I had foot surgery and they denied me the last 3 weeks of pay before returning to work. Can you help me get my appeal letters ready? I am strapped for money now back to work and have to wait another 2 weeks for my pay to start all over. I am a mother of two teens. Can you help?

Attorney Greg Dell:


It is great that you were able to return to work. You should send in any updated medical records and a letter from your doctor supporting your inability to work the last three weeks before returning to work. We cannot assist you due to the fact that you are only seeking three weeks of benefits.


I was on short term disability, I am also on SSD. After six months Liberty called and said you will start getting long term – I said I didn’t pay for long term just short term. They said, well you also long term. This went back and forth for a few days then they reassured me that we have it. $540.00 later they called and said you do have LTD and you have to pay us back. Do I?

Thank you,

Attorney Stephen Jessup:


If you received money that you were not entitled to, even if Liberty made the mistake, they may very well have the right to recollect the money from you.

John O.:

In order to qualify for LTD benefits from Liberty Mutual, a person must basically meet the standards required by SS in order to get SS Disability benefits. But if a person gets SSD benefits, then he or she must refund LM the money that was received from the LTD coverage, per the offset language in the LTD contract. It seems that LM wins by taking premiums if the person never is injured and therefore never seeks payment under the LTD policy. On the other hand, if the person is injured and gets paid according to the LTD coverage, Liberty Mutual wins again because that money has to be paid back to LM from the SSD settlement. Ever think of doing a class action vs. LM for the scam it runs whereby all they do for most folks is just take premiums, and the relatively few, percentage-wise, on which they pay out claims, they get reimbursed in the end?

Attorney Stephen Jessup:


Unfortunately there is no legal basis for any class action against the insurance industry for having language allowing for offsets under a disability policy. As we have discussed in our videos and on the website, the proverbial adage “you get what you pay for” rings true when it comes to disability insurance policies. ERISA based policies provided by your employer come at extremely low premiums (and in some cases you don’t have to pay any portion of them at all), but the trade-off for that is less than favorable policy language. On the other hand, if you purchase a private disability policy on your own from an agent you pay (by way of much higher premiums) for more favorable policy language across the board that doesn’t allow such offsets. It’s like choosing between a base model car vs the version with all the bells and whistles.


If I am collecting Long Term Disability through Liberty Mutual am I also allowed to collect my Widow Benefits that I am entitled to in December at age 60 without losing any of the Long Term Disability which is only 50% of my pay which is almost impossible to live on.

Attorney Stephen Jessup:


You would have to review your policy to see if it is an enumerated offset. That being said, I have not seen a Widow Benefit be considered an offset as it has nothing to do with your disability.


I am currently receiving LTD from LM. I would like to know if I have to pay back payments if I begin receiving SS benefits.

Attorney Stephen Jessup:


If your policy indicates Social Security as a source of “Other Income Benefits” subject to repayment, then yes you will be responsible for refunding any overpayment made.


I inherited an IRA from my fathers trust when he passed away. The payout is under $400 / mo. Could this income be considered as an offset to my LTD that I would have to pay back? I am on permanent SS disability and long term disability through MetLife.

Attorney Stephen Jessup:


More than likely, no. That being said, you will have to review your policy to see what MetLife determines to be “Other Income” susceptible to offset under the policy.


I have read all the information I have found about LTD coverage through Liberty Mutual. I was approved LTD and I was told up to 2 years due to it being a mental issue. I have appealed and am filing for SSDI… My question that I can not find a answer to is: if I win my case what do I have to pay LM back? If I lose my case what do I have to pay LM back? If they drop my case what do I have to pay LM back?

Attorney Stephen Jessup:


I am assuming you are referring to what you may owe Liberty Mutual if your claim for SSDI is approved? If so, Liberty Mutual would be entitled to collect any back benefit award from the SSDI that overlaps with a time period they were issuing you a monthly disability benefit.

Caecillia Hamidjaja:

I was under Liberty mutual permanent disability approved by the judge in Ventura County, CA and received monthly payment with SSDI offset the differences, right after I reach the age of 65, LM stop my disability payment. Can I get help to appeal on this case?

Caecillia Hamidjaja:

I need a consultation and help to appeal on the disability payment from LM.

Attorney Stephen Jessup:


If your Liberty Mutual policy only provides benefits to the age of 65 you would not be entitled to any additional benefits beyond that date.

Attorney Stephen Jessup:


Please feel free to contact our office to discuss same.


I suffer from Chronic Cluster Headaches and have been approved for STD since May through September. When I go back to the doctor in September my doctor will probably keep me on the same medication which will keep me out of work, I am a manager in a restaurant company. The drugs severely affect my mental acuity and leave me dizzy for the majority of the time, being a leader of employees and making decisions is out of the question for my future, for now. In November I go on LTD. My question is if I can’t go back to the job I have done for the last 30 years what options are available for me?

Attorney Stephen Jessup:


If you are unable to return to work due to your condition then your only option may be to pursue your long term disability claim. Please feel free to contact our office to discuss what options your policy may give you.

Roy Parker:

I am being denied my Long Term Disability by Liberty Mutual after one year. I was sick and went back to work and got sick again in less than 90 days. They have contacted my doctors and said from there paper work I am not 100% disable. All the doctors I go to have not given me a physical to see what I can and cannot do. I filed for SSD and went to there doctor and got my SSD. Can I take them to court for breach of contract since they know I am on SSD and SSD don’t pay unless your 100% disable. Also the policy states that if I go back out of work in less than 90 days I go back on disability with out having to re file for it. I was with The Hartford Company and was suppose to go back to them. The company I was working for decide that they would take it over and get Liberty Mutual to manage it. I sign a piece of paper for money to be deducted out of my pay for Hartford but never for my company or Liberty Mutual and the employees were not told that the change was taking place. Also do I have to appeal it before going to court?

Attorney Stephen Jessup:


As your policy is employer provided it is likely governed by ERISA, as such there is no action for Breach of Contract, but rather for the nonpayment of benefits. Lawsuit cannot be filed until administrative remedies (appeals) are exhausted. Please contact our office to discuss your claim in further detail as it appears your claim should fall within a recurrent disability provision, and revert to the insurance carrier who initially provided benefits, which from your fact pattern remains somewhat unclear.


I have a heart of compassion for each of the people who have shared their problems with Liberty Mutual for the hurt and disappointment they have experienced. I share many of the same issues with Liberty Mutual and Wells Fargo. My son was in the hospital for over three months, he was an employee of Wells Fargo. He received short term and long term disability payments. After he qualified for Social Security Disability Insurance, we were shocked that Liberty Mutual had a demand for the entire lump sum he had received. Their policy was iron clad on how they were legally in a position to ask for such a thing. My son was critically ill, unable to talk about employee policy and the case manager from Liberty Mutual wrote letters as if we were co-workers. We didn’t understand the vague language and professional jargon and accepted the payments. We were all under severe trauma from his life threatening illnesses. I assumed short and long term payments were “benefits” of the employee. But they are actually a cover-up for “loans” which must be paid by Social Security Disability Insurance if you should qualify for it. I would advise any employee to be careful before signing for any company’s short and long term benefit packages If you sign, you are agreeing to accept the loans and repay Liberty Mutual or whatever company you are with. If a family is responsible for the employee, I would suggest taking the paperwork to someone who has a legal understanding of policy. Some states may have an office for Community Legal Services or Volunteer Lawyer Program. When the poor and disabled employees receive Social Security Disability Insurance, they are been suffering financially and it’s not a time to pay back a company who requires a loan payback. I believe we all owe it to other employees and families to inform them to be aware of the consequences if they accept short and long term disability benefits (loans) from Liberty Mutual or any other insurance company.

Attorney Stephen Jessup:


Unfortunately, the law is very clear that provisions relating to repayment of overpayments on account of receipt of sources of “Other Income” are legal and enforceable. The only way to avoid such provisions is through privately purchasing disability insurance coverage through an agent. However, the premiums for these policies far exceed the amount to be paid (if any) by an employee under an employer provided disability policy.


Hello to everyone. I was so disappointed when reading all of this information. My worst fears proven correct. I was on short term disability through liberty mutual from 04/16/14 to 08/09/14 when all of a sudden I received a denial for continuation of benefits. They said the reason was because my diagnosis was all subjective. I have severe Fibromyalgia. I have had it for 20 years, but starting about 14 months ago it got much worse and I just couldn’t take it anymore. I should of seen it sooner, but I was really driven and had worked really hard for my career. But It wasn’t just the pain anymore, which by itself is absolutely a living hell almost every day of my life. My mental function also was becoming heavily impaired; memory loss, dizziness, trouble focusing. I can’t sleep, and even when i can I am still always tired. Then on 04/15/14 I blacked out while driving and almost rear ended a car. That was it for me, I went out of work the next day. But I was faced once again with the reason I waited so long to get help. .. because yes I had tried before. Health care professionals that don’t care, or believe you. I’ve had a nurse practitioner lie in her case notes saying that I said I wanted to be disabled to hurt my Chances to get disability, and a Rheumatologist who told me that Fibromyalgia is not debilatating if I would just exercise. So of course that was not helping my case. I know what I can and cannot do…I have lost everything I used to love to do due to pain. . Hiking, biking, rollerblading…living. I had tried exercise, and was up to six hours a week for two years. I pushed through so much pain believing what doctors said, and it just kept getting worse! When I told that to the Rheumatologist do you know what he said? “Well you just didn’t do it long enough to get over the hump” WHAT? Is he insane or plain stupid? I was UP TO Six hours, not I just started to exercise! Then he also was not putting everything I was discussing with him in his case notes. He didn’t even give reasons for the medications he was prescribing, or details about my symptoms or side effects! He didn’t give reasons for why he was writing me out of work either. I filled a complaint against him with the state, because even when asked he refused to notate my symptoms. his lack of proper note taking and treatment hurt my claim, not to mention I am still in a lot of pain and he was doing nothing to really help. His office was the main reason my claim was denied. Not only was his work sub-par, but his office messed up with billing and thought liberty mutual did not pay for my case notes when they did, so his office refused to send them. Now I am in appeal status and it has been 46 days with no decision which after reading these messages I am pretty sure it will be denied. I have also now been diagnosed with coping disorder, major depressive disorder, major anxiety disorder, with further review needed for possible bipolar and or borderline personality disorder. Yes they are Erisa, and yes they convienately denied my claim right before it would of went to long term. Also I had paid for 15% additional pay for ltd and if my policy lapses for lack of payment, which is highly likely as they drag this out, they will not have to pay the extra … even if they approve my claim at that time. I am approved for unpaid leave until November from my company due to medical reasons. Would be funny to me if they deny my claim when my company says I am unable to work. I have applied for SSI, something I never thought I would do at age 37, but I have to take care of my family and unfortunately I cannot work and I have a disability company it seems that is the greediest and most devious of an already very greedy industry. Just my luck. I am scared to get a lawyer and how much it will cost, but can I even file suit yet? They sent a letter saying they need more time to review, but how much time do you need? I sent three doctors notes saying to excuse me from work until November when my next appointment was, how is that not clear? What should I do? Any advice? I had to cash out some of my 401k to survive, but I cannot afford to have no income for too much longer. I hope they’re really is a Hell for people who put money over the lives of others, but even though that is somewhat comforting it dosen’t feed my family!

Attorney Stephen Jessup:


As you have many questions regarding your pending claim, please feel free to contact our office for a free consultation to discuss your questions in detail.


Hello, my wife was on Liberty Mutual LTD for 18 months. Her LTD was 3,100 per month. She was recently found fully disabled. Her LTD started in April of 2012. Her backdated disability benefit is also dated back to April 2012. Her projected disability benefit is 1969.00 after Medicare premium is subtracted. $3100 – $1969 is a difference of $1131. She was only entitled to 18 months of LTD at $3100. Can I assume the she will owe LM $1131 x 18 months = $20358 in overpayment?

On another note, my wife was since terminated by her job and no longer has any connection with Liberty Mutual or the employer. She was terminated because she could not return to work because of her medical condition. But at the time she was terminated she was still in the process of the disability claim waiting period. They simply sent her a termination letter and that was it. She has had zero income since October 2013 when her LTD ended. It was ended by LM because they said she could return to work at certain jobs, none at which were her job and she could not physically work. If she has been found fully disabled by SS then shouldn’t LM actually still owe her payment for terminating her benefit just because they said she could work? Complicated, but thought you might be able to help. Seems to me if you are found disabled then the company has an obligation to put you on full disability not SS. Thank you.

Attorney Stephen Jessup:


If your wife’s claim with Liberty was denied in October 2013, have you filed any required appeals? Unfortunately, the law is clear that although receipt of SSDI is a factor that must be considered when determining eligibility to disability insurance benefits, receipt of SSDI is not a guarantee of continued payment by a private insurance company. With respect to overpayment repayment it would appear that benefits for April 2012 to October 2013 would be subject to the offset, so if your numbers are based on that amount, then you could expect notice from Liberty as to an overpayment as it relates to same. Please feel free to contact our office to discuss in greater detail.


I have Unum for LTD and came across something I felt was very unfair to all their clients. I was out 4 months for rotator cuff surgery. Only one month was LTD, the payment was based on my W2 box 1 information for the prior year. I am 60 so 40% of my income for years has gone into a 401K. Unum pays 60% of my “wages” for LTD, however the policy where I work which I never saw until now, states 401K deductions don’t apply. This means they only consider 60% of my actual wages and do the 60% LTD off of that figure, so 60% of 60%. I couldn’t find any info but it seemed illegal to me. I wrote to the insurance dept of NH and received info back that this is not illegal. I was terminated from my job after being out 3 months because my medical clearance was for lifting 20# not 25# as stated in my job description. I was hired back a month later so we are filling out all my insurance papers to reapply. The LTD premiums base my cost on the total 100% of my wages, including my 401K deductions. How can they have it both ways. I think my premiums should be based only on the 60% they use to pay out LTD benefits. Luckily I wasn’t out long but if they are double dipping I am thinking I should find a private policy. Do all LTD insurance companies such as Aflac do this as well? Shouldn’t my premiums be based on the same criteria?


I received LTD benefits from LM for 24 months! During this time LM required that I file for SSDI! LM terminated my benefits after 24 months, it took me 38 months to win my SSDI! Will LM be entitled to my back pay for the 14 months that they didn’t pay me?

Attorney Stephen Jessup:


Unfortunately, the policy language would dictate how premiums are assessed and benefits are paid. To avoid such unfavorable language you would have to look to obtaining individual coverage, which comes at a much higher premium rate than a group policy through an employer, and would most likely exclude coverage for any prior ailments.

Attorney Stephen Jessup:


Liberty Mutual would only have a right to repayment for any overlapping period of time they issued benefits and that the SSDI has provided benefits for.


I have received LTD from Liberty Mutual for 13 years. I was employed by LM when I was rear ended in an auto accident. A nightmare that cost me everything. I am on perm disability from back injuries. A long story short. The disability payment is based on prior years income. I was at 100k plus a year. Started to pay me based on that amount. Then checks just stopped. They couldn’t tell me why for 5 months. They said that I was overpaid and adjusted the payment. That happened 4 times. Lowering the amount each time. Well they lost my file, fired the original claims rep. Final result, they said because my sales comm’s were delayed they would only count what I was paid, not what I had earned. Annual income used was $68k not $100k plus that was my true income. By the time is was over, I had lost my house, My credit, most of my 401K, perm life insurance policies and had tried to kill myself. The process was worse than the end result. I had to repay over a $100k in overpayment. It was almost 9 years before I got any income. I was a good employee, both in sales and management. I brought in Millions of new business premiums. Many of which are still active. They could care less for their employee’s welfare. I bought into every benefit they offered just in case something happened. Do I have a case? I doubt it after this long. The above is just a tiny bit of the story. The line in the disability policy, “all decisions made are to the benefit of the employee” what a joke. At the time I couldn’t find or afford an ERISA attorney. No money in it for them. Any advice?

Attorney Stephen Jessup:


If the actions of Liberty Mutual are stemming from incidents from over 9 years ago, any applicable statute of limitations you may have had to file a lawsuit may have already passed. Please feel free to contact our office to discuss your case in greater detail to determine if there is something we may be able to do to assist you.


I hired a local attorney to file an appeal when Liberty stopped paying my benefit. I have stage III brain cancer, diagnosed at age 26. When they sent their decision not to overturn there appeal they stated it was based on information from 2008 not the most recent (2014). I have restrictions from the Dr. limiting my work to 25 hrs a week that are annual (including 2014). What should I do?

Attorney Stephen Jessup:


Liberty Mutual typically only provides for one level of administrative appeal before a lawsuit must be filed. Please feel free to contact our office to discuss your claim to determine if we can assist you in pursuing a federal lawsuit under ERISA.


They take terribly too long. I can not work and they have been told they will be paid back everything! I was in a bad car accident, with 4 bulging disc and 2 have ruptured with tears, and at the tip end of my spine I have a herniated disc as well; with a jelly-like substance leaking out. I have worked a long time with my company. What is their problem when they are going to be paid back everything? I have bills and I have to have back surgery! Why can I not be helped as soon as possible? My case mgr. from HR sent in the info early so this would not happen. They received my doctor’s info on 11/19/2014. We talked on 12/04/2014. I was to be sent a form to fill out and I yet have not received it. I do have a attorney and they have been given his name and fax number, send it to him. As of 12/04/2014 nothing. I’ve worked very hard for this benefit on my job at PNC Bank, previously RBC Bank – 8 years plus. Thank you for your help.

Attorney Stephen Jessup:


As you are already represented by an attorney as is relates to your Liberty Mutual claim you will have to direct your questions/to concerns to him/her.


I have been receiving LTD starting in August 2014 and when I went to check my claim it states that my status Closed on January 3, 2015. I received a letter in the mail from them stating that that received all if my updated info and my psychiatrist notes stating my depression/anxiety issues and basically a breakdown of how long I can be paid if confined to an institute. Nothing about my case being closed. I know that they have all the information that they where requesting because I have it as well. How can Liberty Mutual close a claim without telling me or giving me a reason as to why since I have done everything that they asked on time? I’m thinking it’s an error or something? I have cyst on my joints, herniated disc, I’m only 34 but I have degenerative disc disease so I have constant chronic / severe pain in my thoracic spine and lumbar region. Both of my hands hurt due to severe carpal tunnel / had surgery on one hand need surgery on the other. Due to all of the pain it has sent me into severe depression. Bad thoughts… I have worked for most of my life and if I could work, trust me that is what I would be doing. It’s very unfourtante that we pay into these policies through our employer and god forbid anything happens to us we are left in the cold… I just found out my case was closed over the weekend and I called and left a message on my claims rep. phone so hopefully I will hear from her on Monday morning before I file a DOI complaint. This money is my livelihood, which it only pays me 60% of my pay which is not nearly what I was making when I was able to work. I am also walker dependent so it takes a while for me to get around. I hope everything works out because this is disabling, exhausting and uncalled for. They know that they have no reason to close my case because I have a huge file stating my disability plus all of my doctors confirmed, neurologist, rheumatologist, PCP, physical therapy and psychiatrist. How can people be so unsympathetic and cruel to people? I just don’t get it…

Attorney Stephen Jessup:


If your claim has in fact been closed, Liberty Mutual is required to provide you with a written explanation as to why they believe you do not meet the definition of disability. If Liberty does advise you that your claim has in fact been denied when you speak to them demand to know when the denial letter will be received. Upon receipt of the denial letter please feel free to contact our office to discuss how we may be able to assist you in appealing the denial.


I was just approved for disability with LM. Short-term for first year, then goes to long-term, if approved. I’m wondering if I withdraw funds from an investment account and/or a traditional or Roth IRA that I have if they will or will not offset (deduct that withdrawal) from their payments to me. In the written plan it just says things like “defined contribution retirement plan benefits from a employer sponsored plan (e.g., TIAA-CREF) are not offset, whether paid by lump sum or by periodic payments.” I googled IRA vs “defined contribution” and it said that an IRA is generally considered a defined contribution plan, but do you know how it applies with that LM statement? And then, what if withdraw funds from a non-retirement/IRA account, ie., sell some stocks I own in an investment account to pay for some bills? Is that considered income that is deducted from the LM disability payments?

One other question, as part of their definition of “total disability” or “totally disabled”, they say “you are under the direct and continuous care of a Physician”. Does this mean one primary care physician or any physicians or other certified or licensed medical practitioners, or a variety, multiple of those? My PCP is the least of my practitioners that would call me disabled, yet most of the others would. How would or could I prove to LM that I am under direct and continuous care of a Physician then? Thank you for your help in advance.

Attorney Stephen Jessup:


Your policy will list all sources of other income benefits subject to offsetting your disability benefit. Your other questions are not so easily answered. Please feel free to contact our office to discuss how we can assist you in handling your claim.


If I have someone represent me for social security and it cost $6000, does that money that I spent on representation get subtracted on the offset back to Liberty or am I out the $6000? I have Liberty Mutual LTD. I hate Liberty in how they harass you every month. My doctor will confirm disability and a month later, they want more info. It is a miserable experience.

Attorney Stephen Jessup:


The offset repayment should not include the fee paid to your attorney.


How long does Liberty Mutual have to reclaim the overpayment? This is in the state of Indiana.

Attorney Stephen Jessup:


Based on the brevity of your question I do not have enough information to be able to give you any guidance. Please feel free to contact our office to discuss.


I have been on LTD with Liberty Mutual for 5 years. I also was approved for SSDI on my first attempt. I have been told by my case manager that my case is uncontested and I am only required to do yearly reports with my doctor which I have in my hand when I see my neurologist. My question is how do I ask / approach my case manage on a lump sum settlement? I would like to stop paying rent and purchase a home.

Thank you for your advice,

Attorney Stephen Jessup:


It’s really a matter of making an inquiry. That being said if Liberty Mutual does take interest in the potential lump sum buyout of your claim they will do so at a steep discount that is certainly in their favor. If you would like to discuss how we can assist you in securing the best potential offer, please feel free to contact our office.


My husband is on STD and has since been terminated. He has now been told he will most likely need to go in LTD. After termination we received policy conversion paperwork that allows us to continue the LTD policy at hefty premiums but with a reduced benefit. If he was still an employee the benefit would be about $12,000 a month but this limits it to $4000 a month. Since his disability started before termination can he get the original benefit? Also do premiums need to be paid while on disability? Both policies are Liberty Mutual.

Attorney Stephen Jessup:


Typically, the only premium notice received relates to keeping a life insurance policy active/converted following a denial. Has your husband filed the appeal of the STD denial yet?


Dear whomever this may concern:

I have been out of work for about 2 years. During that time, I got paid $1,721 a month since December 4, 2013 from Liberty Mutual. I just got an awards letter from Social Security saying that I am eligible for Social Security benefits dating back to January, 2014. I got $20,373 retroactively from Social Security. Since January 2014, I got $27,536 from Liberty Mutual. Will I have to pay back any money from that award and, if so, how much do I have to pay to Liberty Mutual back?

Any help I would get regarding this crucial matter would be great.

Attorney Stephen Jessup:


There will be an overpayment due back to Liberty Mutual as of the date the SSDI benefits began. As to the exact amount owed to Liberty – you will need to contact them to determine the exact amount.

Attorney Stephen Jessup:


There will be an overpayment due back to Liberty Mutual as of the date the SSDI benefits began. As to the exact amount owed to Liberty – you will need to contact them to determine the exact amount.


If Liberty Mutual long term insurance approved me already do I have to file SSI if they tell me there is a provision in the contract and what happens if I don’t file for SSI?

Attorney Stephen Jessup:


Yes. You have a duty to pursue sources of other income, the most common being SSDI. Failure to pursue same would allow Liberty to estimate what you would receive and reduce your monthly benefit by that amount.

Anne M Farmer:

I have been disabled for over 2 years. I had assistance to receive social security income. My insurance from My employer sta t ed in tact thru this time and I came up to the time to review my case. Now keep in mind ss deemed me 100% disabled. I sent a letter of appeal and my doctor submitted everything liberty mutual requested. A couple months later I was denied on my appeal. Now my insurance is cancelled. I am preparing a second appeal to have my insurance that covered myself spouse and daughter. I’m on a fixed income and I’m nit eligible for Medicare til November So now I have to pay for monthly health care as I’m continuously going through treatments and Dr visits. My husband is recovering from a heart attack and of course our minor child needs coverage. Liberty mutual has me jumping through every hoop possible. My feeling they just don’t want to pay and its disgusting. I think the things they are asking for are above and beyond what Is needed. I truly believe they do NOT understand my disease and that alone Is frustrating. I’m on heavy medication for the pain which is constant. I cannot stand or sit for any length of time but liberty mutual thinks I can. They are questioning what effects my medication has. Morphine xylophone oxycodone and anxiety medications which they have caused me unnecessary stress. I wanted the opportunity to vent. I do hope someone reads this and possibly help me.
Anne M. Farmer

Attorney Stephen Jessup:


Please feel free to contact our office to discuss your claim prior to submitting your second appeal.


I was just denied from them for demetia. Cognitive impairment and spinal stenosis in neck and back. I’m a customer service rep and i also have hydradenitis suprativa. And neuropathy.

Stephen Jessup:


Please contact our office with a copy of your denial letter. We will be more than willing to discuss your rights to appeal and how we may be able to assist you with same.


Hi there,

I have been on short ten disability since February and as of 8/14/15 those benefits were supposed to turn into long term disability and I am still waiting. I was emailed information for another person applying for long term with a similar name and the claims representative also had my mailing address in a different state until yesterday. I am very concerned that not only did I receive information for another claimant including their personal doctors, address, and health information that the other person received mine as well. I also believe this is holding up my approval and I would like advice on what to do.

Attorney Stephen Jessup:


Please feel free to contact our office. Has Liberty rectified this blatant error and acknowledged it is processing the proper information?


All I can say that this company is terrible. Whoever heard of being approved for 2 weeks and have to go thru the whole process again. At first the nurse was looking at the claim. I have been off since 8/3/2015, received one check. Now the case worker is saying the doctor has to look at case and add’l info is needed. Oh we sent a letter, no personal contract. No rep ever calls it is all written. You can not get into the web site for updates. Tiffany my case worker said “oh I have not updated the website. You are sick and need time to heal, but you can not, you have to fight with Liberty Mutual on a weekly bases. I have to do all the work for them. I am really fed up with them. Does any one have any suggestions.

Attorney Stephen Jessup:


Please feel free to contact our office to discuss how we can assist you in monthly claims handling to avoid these tactics by Liberty.


Does my employer get some kind of benefit from offering only LM for long term disability?

Attorney Stephen Jessup:


None that we would be aware of.


I am filing chapter 13. LM is demanding reimubusement of 18,000$ after receiving ssi, can I add liberty mutual to my bankruptcy?

Attorney Stephen Jessup:


You will need to speak with a Bankruptcy attorney as it relates to your question.

Chasidy F.:

My name is Chasidy, I was receiviing long-term disability through Liberty Mutual. I started drawing drawing in September of 2014 and drawed up until October 20th 2015. I was waited on the rest of my check but they said I didn’t have enough medical reasons to consider me disabled. I had just recesently had two MRI’S showing I had a hurnated disk and and cyst on my spine. They also said they did not know I was seeing a pyschristrit. But my doctors told me if that they had requested medical notes they would have received all of those. So I’m asuming maybe they did not even try to request those. I have signed up on my perminiet disabilty. I’v been signed up on that scence April 2014. I have several things wrong with me that keeps me from working. I have pad of the legs and poor cirrculation of the legs and feet. Lime deiease, I’ve had 4 hurnia surerieys in adibomal area first was to repair, second was repair first because it got worst and bigger, third was to remove infected mesh and fourth was to put new mesh back in. I have fibromyalga, rheumatoid arthritis, depression, anxiety, chronic pain, hernated disk on spine and cyst on spine. I’m on medicication for all these things and all these things I have makes it very difficult for me to stand walk or even sit. I spend most of my day in bed.

Attorney Stephen Jessup:


Have you already filed an appeal of the denial of benefits? Please feel free to contact our office to discuss your claim in detail and to determine how we may be able to assist you in the appeal process.

Nathaniel F.:

Ref: Liberty Mutual (LTD) company policy acquired (1985). Suffered neck & lower back injuries in 2007 while working. I was able to collect from Librety Mutual until Feb.2014, but payments were offset against Social Security disability payments. However, my injuries are permanent and for the rest of my life time! Are there any policy or policies loop hole with Liberty policies to extend my (LTD) payments?

Attorney Stephen Jessup:


Benefits can only be received through the maximum benefit period listed in the policy – typically age 65 or your Social Security Retirement Age.


I recently was approved for LTD through Liberty Mutual. I took an early retirement at 63 before I became disabled. I am collecting retirement benefits through Social Security. However, Liberty Mutual is using my Retirement Social Security benefits as an offset. Is Liberty Mutual allowed to do this?

Attorney Stephen Jessup:


If the policy indicates that retirement from SSA, regardless of when you started to receive it is an offset under the policy, then yes. However, some policies do indicate that if the retirement was being received prior to disability then it is not an offset.

Edna B.:

Hi. I am very very upset. I was on long term disability liberty mutual. Ok. 5 1/2 months lather my permanent disability was awarded. Why are they making me pay back over $5000. They are taking my check for 2 years. This is not right. I paid into long term 6 years to cover me. I’m the only one I know that is paying back. My benefits. I went through hell I was denied and I appealed it. In meantime. I lost my phone my electric was off my car down. My health insurance was cancelled because I could not pay my premium. It was making my chrons kick up. Now what can I do.

Attorney Stephen Jessup:

Edna, your policy contains provisions allowing Liberty to offset your benefit by source of other income- with SSDI being the most common. As such they can re-collect an overpayment for the period of time SSDI is paying in back pay that they issued a full benefit.

Russ S.:

I found your website through a search for complaints against Liberty Mutual. I have been denied twice and now have to file suit. They have not only lied and misrepresented my issues but have driven a wedge between myself and my employer. They denied my claim for severe depression, cognitive functioning issues for which I have seen a neuropsycholigist and sat through 5-6 hrs of testing, a psychiatrist and weekly with a therapist. They said there was nothing wrong with me because I had been functioning just fine all these years so no reason why I cant go back to work. Of course then have no idea of what level of mental acuity I need to perform at to do my job because they are looking at a job description that is almost industry standard for a Construction/Project Manager. It does not account for the 100% travel I was doing every week with one day at home most times, the 14 to 16 hour days in a trailer. Customer interaction, 100’s of thousands of dollars of project costs, sub-contracts…..etc. Then a divorce, death of a pet, and aging parent who require your attention during the middle of your day. No, I couldn’t have finally hit a wall! So during that they called my corporate security office and told them that they considered me a threat and may go to my local office and cause harm, and then they hired police to watch the office for me. Oh sure I can just go right back to work, not disabled enough to pay the claim but disabled enough to cause harm to others. And if that wasn’t enough they also reported me to my local police department. And all this I learned through a co-worker, who isn’t even working out of the same office as I do, I’m on the West Coast he on the East. And to top it all off, to prove they have no clue what you do for a living, in 5 years on the job I have spent at most 2 weeks visiting the office. I traveled that much. Oh and they also used all the information from my original claim to deny the appeal, they never treated as a separate review, I think you call it (De Novo). They claim I took myself out of work, my therapist was not qualified to claim I was suffering these issues, that because I did not see my PCP for a mental problem it was not legit. They ask the Neuropsycholigist why my PCP’s story and his were so far apart. Last I checked my PCP wasn’t qualified in psychology, so why would I see him for those issues. And I did speak to him about it, his comment was I won’t discuss it with you I will defer to the therapists and professionals. They violate my privacy rights with my employer and co-workers, they violate my rights with the local police and they violate my rights by denying me help if I truly needed it by not contacting my therapist or psychiatrist, when they claimed I was a threat. So I guess my real question is if they are this underhanded who are the lawyers that are filing class action law suits, taking them before congress, or fighting to change the system as whole. Seems to me there is not enough being done to bring them down. We didn’t need Healthcare reform we needed Insurance company rule reforms. But that wouldn’t pay the politicians now would it. Just like AARP, United health care and Oh and the big one Aetna……etc

Attorney Stephen Jessup:

Russ, please feel free to contact our office to discuss your case and what we can do with respect to filing a lawsuit on your behalf.


I’m receiving long term disability from Liberty Mutual. They already deduct SS payments and now they want to deduct my pension. Can they do this and will I have to payback from the date I started receiving the pension.

Attorney Stephen Jessup:

Deb, if your policy indicates your pension as an offset under the policy, then yes they can deduct it. Any recovery would be limited to the difference between the original gross benefit and the amount from SSDI.


I was injured in an auto accident on 11/2/15 and injured my lower back. Per the MRI I had done, I have a bulging discs between the L3, L4 & L5 nerves. I have been in therapy since that time and have treated with 4 different doctors who are all working together to help me regain some sense of life. I have had 3 strong cortisone shots in my spine to relieve the pain in my lower back that radiates to my legs and feet however, they did not work. I have significant muscle weakness, tingling & numbness in my left legs along with tingling, numbness and sharp pains in my arms and hands that are constant. It has gotten so bad, I have to sleep on my sofa because I can’t lay in my bed comfortably. I have been on pain meds and muscle relaxers since that time and I am tire of taking those as well. I was receiving Short Term Disability through Liberty Mutual until it ran out 5/2/16. Since then, I applied for Long Term Disability and it has been a fight. They denied my claim saying my injuries will not keep me from working even though all three of my doctors have stated otherwise. I can’t sit, stand, walk, lay down or ride longer than 3 to 5 minutes without having major pains or my back locking up or my leg giving out. I am in the process of having another MRI done to see if the bulge is pressing against the sciatic nerve and from that point, my doctor’s will let me know my options. I have paid for Long Term Disability since I’ve been with my current in employer however, I am confused as to why the fight is so great to get what I’ve paid into. It’s as if the medical physician for Liberty Mutual Long Term Care thinks the medical professional I go to are missing something & my injuries are not serious enough. I have seen my a Chiropractor, Physical Therapist, Orthopedic & Neurosurgeon and they all have said the same thing. Please help with directing me how I can fight this. It is really a travesty that people who are injured have to fight so hard and go with out even though you’ve paid into the extra help. It’s as though they don’t care about us but want our money.

Attorney Stephen Jessup:

Angela, when was your claim for LTD benefits denied by Liberty? Have you already filed your administrative appeal? Please feel free to contact our office to discuss how we may be able to assist you.


Here we go again. It wasn’t enough to have to fight for the long term disability to begin with but since it is a supplemental plan I paid for, even with social security I am still owed a couple of hundred dollars a month from Liberty Mutual. I should have filed a lawsuit at the beginning for all the harrassment and delays in checks and the financial hardship they put me through but for the last two years I have received timely benefits until today when they called and said a board of doctors reviewed my medical and said I can work. Really? I am not going down this road alone again and although it may not be a lot of money every month it makes a difference if my wife and I eat or pay the electric bill. I have six fused vertebrae in my neck and low back with additional surgery needed to stabilize my lower spine. Is this standard to stop paying after a couple of years? Is this some kind of performace thing with them like Unum where they get a bonus for denying claims and what board puts people back to work without a physical exam? I really need help with this. My health cannot take the stress again of what I went through the first time to get my benefits started and I am tired of the harrassment and unwillingness to abide by my policy or contract. Was there some recent payout Liberty Mutual had to make so there is now a quota for adjusters to deliver back to the bottom line? It’s not fun having this kind of skeletal pain or multiple surgeries and needing more so where are these doctors Liberty paid to say I can work. What job is going to let me lay down every 45 minutes? What about having a toilet right by my work station because even though my wife hates it, I have to have one right by my bed and chair? Liberty Mutual took months to pay me and when they did they were never timely and would not return my calls and now that they have paid two years they want to stop. There isn’t a limit of two years on my policy and I want help on this fight. I need to add I am 56 and on SSDI and Liberty is only paying the offset as I have already paid them back the LTD initially paid to me out of the first SSDI retro check so there is no more due back to Liberty and I have recieved two years of monthly benefits until today.

Attorney Stephen Jessup:

Jack, please contact our office to discuss your claim in detail and what options are available to you.


Quick question I hope. My problems began Jan. 8th, 2014. Severe pain in lower back and hips. Previous back surgeries in 2003 and 2008. I was off work until March 31st, 2014 after many tests, physical therapy. Docs told me they couldnt find any problem so I was forced to return with no reason for my pain. I made it until May 16th and my body locked up. I left for the ER and told by ER that they had nothing to offer and try a Chiropractor which I did the same day. Short term disability was covering me for a total of 26 weeks at 100%. In June my pain became unberable when trying to walk. A Neurosurgeon appointment revealed that both of my hips had fractured and collapsed due to no blood flow to the hips caused by overprescribed Prednisone. In July my STD ran out but since I had returned back to work my 180 waiting period started over from May 16th. 5 months with zero cash flow. My 180 day waiting period was November 16th, 2014 but I didnt get my first payment until Dec. 10th 2014. You run a month behind not ahead they told me. I filed and after two denials from SS it was approved but I just tucked my tail and didnt appeal the deamed disability date that SS came up with which was July 2015- 1.5 years since I originally became ill. So no back pay so I owed zero back to Liberty Mutual. February 24th, 2016 I received my first check for me $2300 and $1150 for my 17 year old son that lives with me. Liberty Mutual pays me $100 until my son finishes his senior year of high school or longer if he continues his education. My issue is this Liberty Mutual based my 60%pay from my last paycheck in 2014. I was terminated from my 25 yr career last June of 2015. I had two pay raises between my disability and termination. Shouldnt those pay raises been factored in? And second question I stated that after the 180 day wait period I was told that I wouldnt get first pay until Dec. 10th 2014. So if Im a month behind on pay then when my first SS check Feb 24th 2016 shouldnt Liberty Mutual have paid me $3400 on Feb 10th 2016 instead thats when they cut me down to $100. If Im a month behind then on March 10th I should have started seeing $100. I called and was pretty much yelled at because I didnt understand the math??? Am I right? Constant nightmare with Liberty Mutual

Attorney Stephen Jessup:

Dirk, your salary at the time of date Liberty deemed you to be disabled would controlling but only review of the plan documentation would be able to determine how pre-disability earnings are determined. Have you ever requested further clarification from Liberty?


My cousin is been on LTD and now she received this notice saying Your leave has been closed because the short-term disability (STD) claim, which runs concurrently with your leave, has been closed. I certainly don’t understand specially since she is been in such a depression that is almost impossible to make her get out from bed and I been forced to stay with her children. She is been spending money on insurance and had to take loans that can barely repay because her husband left her for her present situation. She is devastated… I saw this notice on the email together with the certification of health provider from liberty and I don’t even want to tell her. How can this happened? They told her she was eligible but why the case is been close??? Thank you for the advice, I really need help liberty made her get a lawyer to help her with ssa she is not ready to face so much stress.

Attorney Stephen Jessup:

Liana, I do not quite follow the basis of the denial either. Please feel free to contact our office to discuss her claim to see if there is something we can do to assist her in appealing the denial of benefits (if there has been in fact been one).


I’ve been receiving STDS that turned into LTD for numerous mental conditions, extreme anxiety disorder, agoraphobia abd a mood problem that causes uncontrolled anger abd outbursts. I was just told by them that my policys 24 month max will be hit. Mental conditions only have 24 months payment unless they fall into a certain category to continue for 36 month. Either being confined to a hospital, a few others listed, or continued treatment. I see a psychiatrist who prescribes medication and we have not found the right combination that works for me yet, and I also see a therapist now twice a week. Wouldn’t that be considered continued treatment?

Attorney Stephen Jessup:

Ella, unfortunately, the policies usually require- as you noted- that you be confined to a hospital or inpatient program- in order for the benefit to continue beyond the 24 month period.


Hi. I have been receiving LTD from Liberty Mutual sine 2/2009. I had a near fatal car accident and have had 21 surgeries. They were extremely difficult to deal with initially. I think they hope you give up. They have left me alone for the past four years, just submitting an annual report, but they cut off my benefits the first time one week prior to having back surgery. They said my off work notice didn’t apply to “that week”. The second appeal was due to something similar. I paid thousands of dollars to get my benefits reinstated. I lost my home, my car, everything. My biggest problem is chronic pain. I have had SI Joint Fusion surgery, back surgery and have a spinal stimulator. I have had six surgeries between my arms. If your airbags ever deploy, please don’t throw your arms up. I have permanent nerve damage in both arms. My EMG on my left arm was the worst my orthopedic surgeon had ever seen. I have zero lifting capacity with my left arm. Five lbs on right. Zero repetition motion. Lower extremity issues as well. Limited sitting, standing, walking. I am on a significant amount of prescriptions. The last time I had an FCE, the PT pushed me so hard I ended up injuring myself and had to have surgery. Everyone is a faker. Getting to my point….my health issues have leveled out. I am depressed because I had to give up a career that I loved. My doctors say I can never return to work but SSA said that they have a program that will secure my benefits for 8 or 9 months if I want to try. I have to have both SSDI and LTD to live on. Do you know if Liberty has a similar program? I cannot get on their radar again. Not at this time. I am probably setting myself up for failure, but if there’s any chance that I could return to work I would try. SSA says that 90% of those receiving SSDI/SSI never return to work. I tried to settle with Liberty a couple of years ago but they were not interested. I still have 13 years I can draw LTD. I hate my life. I have no reason to get out of bed. My son started college last year. I need to have a purpose. I tried calling Liberty to ask the question anonymously but they wouldn’t help. I don’t want to go back to the days where they were harassing me and my doctors. You would think they would encourage people to try to return to work but if it puts my benefits in jeopardy then I can’t risk it at this time. I am a retired HR Manager and I have an MBA. I made six figures at one time. Thanks for your help.

Attorney Stephen Jessup:

Sandy, your ability to attempt to return to work and maintain your benefits with Liberty Mutual would be dictated solely by the language in your policy. Some policies do allow for a return to work (resulting in an offset of the benefit), rehabilitation benefits and most contain recurrent disability provisions. If you have a copy of your policy please feel free to contact our office to discuss same.


My husband receives long term disability after being diagnosed with Alzheimer’s. He is 63 years old. He also receives social security disability. His job offered a pension lump sum payment which was rolled over into an annuity account. We received some paperwork to complete about income sources. Will this pension impact his long term disability payment?

Attorney Stephen Jessup:

Jean, typically, if it is rolled over into another account it would not be a source of other income subject to an offset. The policy should provide additional clarification as to same.


If you were paid 1077.00 on Ltd by Liberty and you starting getting your ssdi 2 years later in the amount of 1302.00 a month, what will be the overpayment if any?


I was Hit Twice on my Harley=Car 13 Moths apart. After the 1st Time I got Two Months for STD and went back to work after 2 Month. My last Accident was much Worse Oct. 2014 and was administration Fired after a year for not being Able to return to work with in a One Year Time Period. I was receiving benefits for ST then LTD after a Year LM Told me I need to apply for SSDI in order to continue checks. I was lead to believe that these payments are Not Taxable? I paid – 1,200$ Federal Tax and Nothing in State, Assuming I would just get my 1,200$ back.

Attorney Stephen Jessup:

Jim, SSDI benefits are taxable and if you did not pay the premiums on your disability policies they would most likely be taxable.


I am currently out on LTD with Liberty Mutual and my company will be letting me go soon. I currently have a 401k loan that I took out a few years ago that I will not be able to pay back when my company lets me go. Since that will be considered taxable income will Liberty Mutual come after me asking for that as an offset? I have reviewed my company’s benefit paperwork and see no provisions about these type of instances. It does state that benefits from 401k plans are not subtracted from gross disability benefits.

Attorney Stephen Jessup:

Mike, was the loan prior to being on disability with Liberty? 401(k) and other deferred compensation plans are typically excluded from many disability plans so if yours does have the exception I would not expect there to be an issue.

Kristen S.:

I was denied my long term disability benefits from Liberty Mutual towards the end of Last year. Even after providing physical testing, and tons of chronic conditions, years of attempts with physical therapy, after Court I was denied and have no other attempts as it has been since 3/2014. I am a domestic abuse Survivor and even while working there I made every attempt to reach out for help. I called the Employee relations Counseling who referred me to a therapist, domestic abuse hotline and got an advocate, even the VA domestic abuse line, the police department. I had to sell my house, lost my car, lived with my Advocate, lost primary of my kids, and still can’t keep a job do to medical. Have court next month for social security disability. If I am approved by them could I sue Liberty for discrimination? They knew I had medical issues as I had previous injuries from workman’s comp years ago. I worked there 13 years and they even terminated me. I attempted to work and one company wrote me up for performance do to my medical and the other fired me in less than 90 days. I am now able to get relief in water therapy and cognitive therapy. Just can’t believe they treat people who are disabled this way.

Attorney Stephen Jessup:

Kristen, if Liberty denied your LTD claim was denied the end of last year (2016) did you ever appeal the denial of benefits? If not, you will need to appeal the denial within the 180 day deadline. If you are approved for SSDI that is strong evidence of disasbility to be provided to Liberty as part of its review, but in and of itself does not guarantee Liberty will approve your claim. Your rights to sue Liberty for LTD benefits would be limited to recovery of unpaid benefits- there are no remedies for discrimination or damages. Please feel free to contact our office to discuss your claim further.

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