Legal Question in Disability Law in California

Integration of ERISA disability insurance with Social Security disability insura

I have been disabled totally since 1992 and covered under a ERISA disability insurance benefits, and later 1995 received SSDI under the Social Security. The ERISA insurance policy, LTD, integrated with SSDI, offsetting for the SSDI benefit. However, I attempted a trial work period, a benefit offerred under SSDI (9 months for every 5 year period); subsequently the trial work did not work. Under the LTD, I an entitled for benefit, but now being penalized for the trial work, I am still totally disabled, now LTD claims I am no longer disabled but have been offsetting the SSDI benefit during the whole period. The LTD policy does not cover for trial work, and closest it comes is if Partially disabled, I am totally disabled, I can still receive benefits as long as I have made 80% of my pre-disability income, which I have not, I was way under the amount. Insurance company, has always underpaid the benefits, and have gone after benefits they were not entitled to. Are there case citations out that illustrates what the insurance company under the LTD is doing is illegal? Please help me, I fought with this company for 12 years and have reach my limit, the policy falls under ERISA.


Asked on 6/11/04, 5:54 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Integration of ERISA disability insurance with Social Security disability in

There is a huge body of law about the problems you are having. It is very 'fact dependent' in each case. The bottom line is that if you need counsel to represent you, contact us to discuss what can be done.

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Answered on 7/02/04, 7:37 pm


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