Question
Can The Hartford inclue my son's dependent benefits in my husbands backpay?
My husband received employer paid LTD benefits from The Hartford. We live in North Carolina. The amount was based on his earnings, and having a dependent child did not increase what he received. This past year he was awarded SS Disability. During a meeting we requested with a SSA representative, we were discussing having a minor dependent and my husbands SSD was increased due to having a minor child in our home. When we received his backpay (6 full months after his SSD was granted), they included the dependent benefits to a tune of over $74,000. $26,000 of that was my sons benefit. Is that legal? We have no problem paying back the overpayment for my husband but it just does not feel right them taking my son’s as well since Hartford never paid us money for him. You thoughts or advice? Thanks so much!
Answer
Nichole, the offset provision in the Group Policy dictates what the carrier can/will offset for. Many policies include an offset for minor dependents that are eligible for and receive SSDI benefits as a result of the disabled parent’s disability. You should request a copy of the Policy to confirm the offset provision includes this language. If it does, unfortunately the overpayment would be payable.
