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.
1 ANSWER
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.
Answered on Jun 08th, 2013 at 3:40 PM