Legal Question in Insurance Law in Florida

Long Term Disability

I'm presently out of work on a work comp claim and have just become eligible for long term disability. HOwever, the LTD company is now saying that I have to apply for social security disability or when the wc benefits cease they will deduct the amount they feel I would be entitled to under SSD. Is there a timeframe that I have in which I am required to file for SSD. My intent is to go back to work after I have completed my treatment?


Asked on 5/14/09, 1:59 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Long Term Disability

The policy requires you to apply. Do not delay. Doing so can affect your benefits.

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Answered on 5/14/09, 2:19 pm
Michael Tobin Michael M. Tobin, P.A.

Re: Long Term Disability

There is a policy provision requiring you to apply for SSDI benefits but if you know you aren't qualified or expect to return to work-just tell that to the company. They have been sued in class actions for jamming up the SS courts with wrongful claims.

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Answered on 5/14/09, 4:03 pm


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