Question

Can ltd offset soc. sec. benefits for a child born after collecting ltd benefits for over two years prior to the child's birth?

Asked on April 23rd 2025 by Shawn M.
I was collecting work comp benefits that I was told had to change into disability after taking all my sick time benefits, then a family medical absence of leave, then short term disability and finally! long-term disability. I took an early retirement on disability at a decrease in benefits and applied for social security disability. The retirement and social security benefits were offsets. A couple years later I got pregnant and was unable to receive benefits because I was already collecting benefits for a disability, other than the pregnancy, which is considered a disability. When my child was born, I received a letter from itt Hartford Ltd that I needed to apply for the child's social security. Then my child's soc sec benefits were taken as an offset as well. When the policy was in effect, my child was not born , so I don't know how her benefits can become part of a policy already in effect. The amount of her benefits were based on the amount of the social security benefits that I was receiving after cola increases, which were more than my initial benefits awarded. I have tried numerous times to get a copy of my policy, but have only been sent copies of the new policies, which have been from the Hartford, who took over policies from itt Hartford. I took out the policy January 3, 1990 and went on work comp in 1991 or 1992 and by 1993 or 1994 I was receiving benefits from itt Hartford disability and my daughter was born October 811, 1997. The new Hartford policy has been amended and their changes include minimum monthly payment amount is $300, yet I received $56.66 for 19 years because that was the minimum on the policy I took out. I don't believe my daughter's benefits should have become an added offset, but I don't have a policy to refer to to be able to dispute this. Please help! Respectfully, Shawn

Answer

Answered on April 23rd 2025 by Attorney Stephen Jessup

Employer provided disability policies almost always include language allowing for the offset of a benefit due to dependent SSDI benefits stemming from the insured’s social security claim. I have seen offsets for dependent benefits for dependents born after the SSDI start date. The larger issue, which I cannot speak to, is the fact that this is a situation that stems from at least 1997 and there are applicable Statute of Limitations with which to bring a legal action to contest a disability claim.