I have both an individual disability insurance policy, which I purchased on my own, and a group disability insurance policy through my employer. Will I be able to recover benefits from both insurance policies if I become disabled?
Author: Attorney Cesar Gavidia
Answer: It depends, but most likely yes.
The group disability policy provided by your employer will most likely offset other income benefits you receive such as:
- social security disability;
- worker’s compensation;
- and other group disability insurance, such as a group you may have through an association or other group insurance provider.
However, individual disability benefits from your individual disability insurance policy which is individually underwritten to you is generally not an deductible source of income.
Some very limited group disability insurance policies will offset benefits from any source including your individual disability insurance policy.
It is important for you to review the section of your group disability insurance policy discussing deductible sources of income and other income benefits.
If you still have questions, please feel free to contact us for a free consultation.
I am 43 year old women with disability and I am paid by my personal policy but declined by group/ERISA policy. If I go for court and be file a case and loose the ERISA case, then does this verdict will affect my individual LTD which is paying now and it’s worth to take a risk for it. Please advice.
Thank you
Hir, I would be happy to discuss this with you in detail and let you know what I think. I will email you and you can give me a call.