Question
Who is responsible for providing a copy of my policy? And do I have to give Guardian all of the back pay if approved for SSDI to offset payments already made?
I have been out of work since November 2013, due to being Diagnosed with MS, on my employer provided LTD policy (Guardian), which was an elective in our benefits package. I’ve been being paid on my LTD policy since March 2014. I get 60% of my gross until I’m 67, I am now this year 50. I did apply for SSDI, my hearing is next week. I did use Guardian’s Advocator Group for my attorney. My questions are; 1) Do you know how I can get an actual copy of my policy? When I asked Guardian they told me to ask my employer. When I asked my employer, they told me that they changed companies in January 2014 and no longer have it available. 2) Do I have to give Guardian all of the back pay if approved for SSDI to offset payments already made? 3) I have a minor child, if awarded income for her do I have to give Guardian back payments made on her behalf? And will that income count then monthly as well or should any income for her be a separate issue? Thanks for your help.
Answer
Kelly, Your employer is responsible for providing the policy. I would recommend that you put your request for same in writing. With respect to SSDI and DSSDI- if they are enumerated sources of other income subject to offset under the policy then you will be responsible for any applicable overpayment of benefits by Guardian. The chances are your policy indicates the same.
