QUESTION

Social Security Offset In Advance?

Asked on Jun 08th, 2013 on Social Security Disability - Georgia
More details to this question:
I have been approved for my company's LTD plan. The pay is 60% of my salary. I have also applied for SS disability. The problem is the company is taking the SS offset as though I was already being paid the SS diability and I am not. This is leaving me with less than half of the LTD payment to live on. They started doing this before I use up my sick leave. Now they are also counting vacation pay I accrued last year for this year. Is this legal? The advance offset is to make sure they get paid if and when I get approved for SS disability.
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1 ANSWER
Answered on Jun 08th, 2013 at 3:40 PM
The answer rests in the insurance contract that provides you with Long Term Disability benefits.  My guess is that the company was burned too many times by people not re-paying the offset.  If the contract permits it, probably not much you can do. However, I recommend that you take up this issue up with an attorney in person so that she or he may review the policy.  If you don't have it, request a copy of the policy immediately.  Your facts may reveal that the LTD carrier shouldn't be "helping themselves" to your benefits.  It bears further investigation.

No attorney-client relationship has been established because of the information provided. Seek local counsel to address your particular facts. MJHJ

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