Question

How much can Guardian Life ltd take back once you get social security disability?

Asked on August 6th 2025 by Tammy
Guardian ltd is what I was getting when I wasn’t able to work anymore. I filed for disability and was approved, social security send me an award letter, and gave me 23,000 in back pay.
Now guardian wants 17,000 back. I understand giving them like 10,000 back but they want over 70% back. Isn’t there a cap on what they can take back?

Answer

Answered on August 6th 2025 by Attorney Stephen Jessup

Guardian will be entitled to a repayment of any period of disability in which they paid the full benefit amount and then Social Security covered as part of the back benefit check with two caveats: (1) Guardian is not entitled to repayment of any COLA adjustments made and (2) if you used an attorney/representative Guardian has to credit you fees paid to the attorney/representative.