Legal Question in Insurance Law in Georgia

SS offset on disability benefits

I can't tell whether such a deduction is proper in your case. It depends on the specific policy provisions on the disability insurance and, if the policy allows such a deduction, whether that is allowed by your state's law.

I have seen disability policies which allowed such a deduction and I know that the calculations can get pretty complicated. There also are some provisions of the Social Security law which attempt to prevent private insurers from reducing benefits, at least in the medical expense area, in order to shift the burden to Medicare.

The basic concept all the disability benefits payors have is that a disabled person shouldn't be getting more for being disabled than they took home from working, and it's hard to argue with that. The problem comes because they all want the other carrier to have the honor of paying in full.

The above does not constitute legal opinion and is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.