Question

Can Prudential reduce their burden in an ERISA LTD policy for the sale of private investments (stocks/shares etc.) that have nothing to do with employment or wages of any kind?

Asked on November 25th 2014 by Jane J.
Can Prudential reduce their burden in an ERISA LTD policy for the sale of private investments (stocks/shares etc.) that have nothing to do with employment or wages of any kind? The IRS seems to report the sale of investments as “credits for additional earnings” which Prudential assert they are entirely entitled to use to increase their offset. If this is the case, then selling any investments to try and help with a disabled persons tough financial situation would only add further hardship and allow Prudential to continue to lower their burden to a point where the policy would be potentially worthless. Can they do this?

Answer

Answered on November 26th 2014 by Attorney Cesar Gavidia

Jane, What can and cannot be considered sources of “Other Income” subject to offset under a policy will be set forth in a policy.