Skip to content

Helping Disabled Claimants Nationwide "Whatever It Takes" to Get Your Disability Benefits Paid

Free Phone Consultation Nationwide
CALL 800-682-8331

We offer no fee or cost unless you get paid

Are disability insurance benefits taxable?

This is a question that should be answered by a tax advisor. As disability insurance lawyers we are not authorized to give tax advice. The general rule is that if you use post-tax dollars to pay the premiums, then the disability insurance benefits should not be taxable.

Bill Bischoff, recently wrote the following article on this issue for smartmoney.com:

Disability Insurance: Long-term disability coverage protects you against lost earnings during any lengthy period out of work because of a disability. The catch? Most long-term disability, or LTD, policies limit benefits to 60% or 70% of earnings before income taxes. That’s generally OK as long as you don’t have to pay income taxes. But if you do, you’re probably going to lose 30% to 40% (or more) to federal and state taxes. LTD benefits are generally income-tax-free when you, rather than your employer, pay the premiums. But if your employer pays the premiums as a tax-free fringe, LTD benefits will be fully taxable to you. The same is true if you set aside part of your salary pretax to pay the premiums. If LTD benefits would be taxable because your employer is paying the premiums, the preferred solution is to arrange for the premiums to be paid with aftertax dollars through withholdings from your checks. The other alternative is to buy a supplemental LTD policy. The idea is to buy enough extra coverage to cover the income-tax hit on the benefits that you would receive under the company-provided coverage.

There are 18 opinions so far. Add your comment below.

Attorney Stephen Jessup:

California,

You will need to speak with an Accountant or other qualified tax professional with respect to your tax questions. That being said, is Reliance Standard offering you the lump sum buyout in lieu of your pursuing legal recourse or did you successfully appeal the claim and now they are looking to buy out the policy? Before signing any documents I would suggest you consult with an attorney to discuss what legal rights you may be waiving by settling the claim.

California:

Hello. I have a LTD ERISA claim that was paid for two years, then denied. However, the insurance company (Reliance Standard) is now trying to negotiate a buy-out of my remaining claim. The policy was provided by my former employer as part of compensation and benefits package where they paid at least a portion of the premium, however, I also paid a portion of the premium to increase my benefit amount. This was done using post-tax dollars and was automatically withdrawn from my paycheck until I went on disability at which time I began sending my employer a check to cover the health and insurance premiums. My question is if we reach a settlement, will the buy-out be taxable and if so, how will it be taxed and at what rate?

Ray:

I receive disability from a insurance company each month tax free and now they want to pay me a lump sum will that still be tax free and also I receive social security disability too. will I have to report any of this to the social security dept. or put it on my tax from when I file at end of year.

Attorney Stephen Jessup:

Ray, the SSA may inquire as to the nature of the money. However if your benefit has been tax free the settlement would typically follow suit. As we are not tax professionals I highly recommend you also consult with an accountant or tax professional for further clarification.

Sharon:

I’m receiving LTD through Met Life disability.. Will I have to report any winnings from a Casino, or lottery??
Is it considered “Earned Income”??

Attorney Stephen Jessup:

Sharon, Earned Income should be specifically defined in your policy.

Deborah dial:

After receiving my primary SS benefits and a lump sum from my retirement Met Life sent me letter saying my LTD would be reduced to $262 a month. I understand that, but each month I get a benefit summary from them for gross payment $2,376 and $112 tax withheld. Am I being taxed for benefits they are not paying me? Is this right, makes no sense to me.

Attorney Stephen Jessup:

Deborah, you can contact MetLife to adjust how much they are taxing your benefit for. Carriers typically just leave a number in place until advised that an insured wants the tax withholdings adjusted.

Linda:

I received approximately 227,000 as a lump sum settlement payment on an ERISA LTD plan from my former emplyer. This payment was distributed into my checking account with only 3 weeks notice of plan termination/receipt of money. The plan premiums were paid for by employer with the exception of a small pretax portion I paid to increase payment from 60 to 70%. No options were provided for rollovers or tax savings options on the distribution. Are are there any options available for reducing tax liability of receiving this in a single year? I turned 65 five days after receiving funds. Also if these funds are fully taxable and the remaining balance is invested in an annuity, would the withdrawals also be taxed??

Attorney Stephen Jessup:

Linda, as we are not tax professionals I would urge you to speak with an accountant or other qualified tax professional.

Sharon:

Hi my question is I receive benefits for LTD and have since 2006. They’ve offered to buy me out and be done with them. Premiums were paid by me, after tax – is the lump sum taxable income? Thanks!

Attorney Stephen Jessup:

Sharon, the settlement proceeds should follow the same taxation (or lack thereof) as your monthly disability benefits do. I would also recommend you consult with an accountant or tax professional. Also, if you would like us to review the buyout offer from your carrier to determine the sufficiency of same please feel free to contact our office.

Tony:

Hello,

I paid for my life insurance benefit with after tax dollars so the payments should not be taxable. At tax time, will I receive a form from the insurance company similar to SSA1099 or no form since there is no taxable income?

Thanks.

Attorney Stephen Jessup:

Tony, if it is a non-taxable benefit then there likely will not be any 1099 issued. You can also contact your carrier to confirm.

John S.:

My company provides LTD coverage and pays the premiums. Employees are taxed on the value of that premium. In this case, is the benefit considered taxable income for the employee?

Attorney Jay Symonds:

John, as a general proposition, if your employer pays the total premium and does not include the cost of coverage in your gross income, then your benefits will be taxable. It sounds as though your employer may including the cost of coverage if you are being taxed. I suggest you speak with a tax professional for more guidance.

Laura:

My LTD Insurance company (Cigna) denied my claim as it was for a psychiatric disability. My lawyer and I fought it and then we accepted a lump sum settlement. A w2 from Cigna was sent to me for the full amount of the settlement. Is that settlement money taxable?

Attorney Stephen Jessup:

Laura, you will need to discuss with your former attorney, or with an accountant/tax professional as it relates to your question.

Add your comment

Please be advised that your comment will be public. Any information contained on our website is for informational purposes only and not legal advice. If you are seeking assistance with your claim, then please use our confidential Free Consultation form.



Your name will appear with the comment


Your email address will not be published

Please note: The comments are moderated.
Your comment will need to be approved before it will appear on this page. No off topic post will be accepted. Our attorneys may respond to your comment.



A National Disability Insurance Law Firm Since 1979

  • Call 800-682-8331