Why consider a lump-sum buyout of your disability insurance policy?

If you already are on long term disability, and you’re looking for a lump sum buyout, there are multiple reasons to consider a lump sum buyout. No.1 and probably the most important reason is security, and that means security for your family. With long term disability policies, there are no rights to survivorship, meaning, it’s not like a life insurance policy where God forbid, if something were to happen to you, these benefits will continue to be paid.

Many people who consider a lump sum buyout do it because they want to guarantee for their family that they are going to get a stream of payment for the next 10 or 15 years in the event that something were to happen to them. The other reason that people consider buyouts is that they are sick and tired of dealing with the disability insurance companies and they know that if they sever the relationship, they are free to do whatever they want, they don’t have to be accountable to the disability company, they don’t have to worry that any moment the disability company could decide to deny their benefits.

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There are 12 comments so far. Click here to post your comment

James:

My LTD plan is an ERISA plan. There is a 2 year clause “own occupation” then that states “any gainful occupation”. What does this mean?

Jim:

Do you have to wait for the insurance co to offer a buy out or can a buy out be requested prior to the two year clause in the LTD policy?

Attorney Greg Dell:

Jim, you need to see if your disability policy defines “any gainful occupation”. Most disability insurance policies will define “any gainful occupation” in the policy.

Attorney Greg Dell:

Jim, most insurance companies will not offer a buyout if you have a policy that will change from “own occupation” to “any occupation”. You do not have to wait two years to request a buyout, but you should be aware that disability insurance companies are not required to offer a lump-sum buyout.

Rose:

Yes I am on disability and an insurance company offered by my former employer approved me for long term disability insurance. Now that my two years are up, the social security approved my lump sum and my payments. The problem is that I was so much in debt for not working for almost three years, I owed alot of money and I spent all of the lump sum that I was to pay back the insurance company. What will happen now, will they garnish my social security check and my kids too?

Attorney Greg Dell:

Rose,

The disability insurance company cannot garnish your social security disability check. They can stop paying you any further benefits and attempt to sue you to recover the overpayment.

Donna:

I was receiving LTD payments for 22 months when the company (MetLife) sent me a letter denying my claim because I “failed to participate or cooperate with vocational rehab”. I was in an online program to advance my degree so I could find work as an RN that didn’t require 12 hour shifts and lifting, since I herniated a disc at my last job. I WAS participating and had completed 2 terms when they denied me because I hadn’t completed the program (40 units/18-24 month program) in 12 months. When I signed a contract for 12 months to be re evaluated as needed, I thought I needed 20 units… not 40!
I have filed an appeal. Do I stand a chance? I cannot work as a nurse with my disability… they know this. I am hopeful they will re-open my case and I can get a lump sum and be done with them. Is this even possible? I am 55, my policy says they will pay until I am 65 if I cannot find employment paying 60% of my pre-injury wage.

Attorney Greg Dell:

Donna:

The rehabilitation clause in the MetLife disability policy is often a trap. You should contact us for a free consultation to discuss your appeal. If you lose your appeal, then you may be able to obtain a lump-sum buyout through the filing of a lawsuit against MetLife.

Clarence Jones:

Unum offered me a buy-out. My benefits will stop in 2018. If i take buy-out will it affect my SSI disability payments? Should I take taxes out now, or wait until next year’s taxes?

Attorney Greg Dell:

Clarence,

Most buyouts have no affect on SSDI payments. You mentioned SSI payment and I don’t know if a buyout will jeopardize your SSI payments. You should ask the SSI administration for an opinion so that you don’t have any problems. You are required by law to pay taxes during the year in which you receive the money. Contact us if you would like any assistance with your Unum buyout offer.

Ginger:

If a person were to take a buyout, I’m assuming it would all come at once, thus “lump-sum”. If 2, 3, or 5 years from now a person’s condition improved to the point that they could go back to work, would they have to pay any money back?

Attorney Greg Dell:

Ginger,

Great question. Once a claimant accepts a lump-sum buyout they sign a release and surrender the disability coverage. The claimant could technically start working the next day without any penalty or obligation to repay any funds. The claimant no longer has any disability coverage under the policy that has been bought out for a lump-sum.

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