Question

Since I started receiving SSD before LTD started can they legally reduce my LTD?

Asked on August 3rd 2014 by CB
I receive LTD and the policy I have says if I am receiving SS Disability before receiving LT benefits that my Social Security would not be offset it says that they will only be offset if I start receiving them after I start receiving LTD. I was entitled to SS benefits starting May 1, 2010. As per previous discussions with the company with regards to the contract I have with them it states that if I was receiving benefits from SS prior to receiving LTD from the company I am entitled to my full amount with no reductions under this agreement. I filed for my SS benefits before I was even allowed to file for my STD. LTD company did not start paying me LTD until May 22, 2010 they paid this in August of 2010 and went back as far as May 22, 2010 for my LTD. Social Security picked up as of May 1, 2010. My first LTD check covered from 05/22/10-08/31/10. Since I legally started receiving SSD before LTD started can they reduce my LTD legally?

Answer

Answered on August 3rd 2014 by Attorney Alex Palamara

CB, We would need to know more about the specific facts surrounding your claim for benefits under SSDI and your insurance carrier. If the disability is based on the same condition or arises at the same time then the company may be entitled to offset the benefit. Furthermore, as the facts and circumstances giving rise to your question occurred over 4 years ago you may possibly be precluded from pursuing legal recourse on account of the Statute of Limitations expiring. Please feel free to contact our office to discuss how we may be able to assist you.