Question

Can Reliance Standard use my son's benefits as offset after the initial offset for SSDI?

Asked on May 8th 2014 by Derek
I have been receiving ltd benefits from reliance standard since 2007. I was pretty much forced to file for social security which offset their payment, I quickly paid back the overpayment. They tried to offset my VA benefits but after 6 months of non payment and hiring a lawyer they conceded and continued paying. Then in 2010 my son was born. I was not aware I was due any additional social security benefits until reliance standard told me to file for them. They used my sons benefits as yet another offset. Can they do this after the initial offset has been made? My policy states that after the initial social security offset they can not offset any more due to any cost of living increase. Having a child definatly increased my cost of living expenses. He was born 3 years after the initial offset.

Answer

Answered on May 9th 2014 by Attorney Stephen Jessup

Derek, cost of living increases are COLA increases paid by the SSA. An award of dependent Social Security would be an offset under the policy if it is an indicated source of other income, regardless of when it was awarded.