Legal Question in Disability Law in Idaho
can a disability insurance co. pay less if you have SSD benefits
I am a 29 year old male with a chronic bladder disease called, ''Interstitial Cystitis.'' I have been disabled since since June 2003. I have Short Term and Long Term disability insurance through my employer. I am only collecting 60% of my normal income. I qualified for Social Security Disability. My private insurance company is telling me that I will not be able to collect both. For example, if I receive $1200.00 per month, $900.00 being Social Security, they say that they will only pay $300.00. I am already suffering financially due to the fact I cannot work. My wife divorced me and I am single. I struggle with the cost of my medications that keep me alive. I am not interested in receiving more money than I was working, but I would like it to be similar to what I made while I was able to work. Please help me with this question. I have searched all over the internet for this question. Thank you for your time.
1 Answer from Attorneys
Re: can a disability insurance co. pay less if you have SSD benefits
The answer depends upon the terms contained in your disability insurance policy. Check Your Policy!! Generally, most disability policies however do contain a provision for offsets from Social Security. But there are good reasons to recieve SSDI if you qualify.There may be some preferential tax treatments of the SSDI benefit for you if your disability policy benefits are taxable-- lower federal rates and SSDI is exempt from Idaho State income tax. Also once you have been on SSDI for 2 years, you will be elgible for Medicare health insurance. Additionally,you gain some stability in your life by having your income from more than one source-- insurers have been known to decide on limited evidence, some say a whim, that a beneficiary is no longer disabled and cutoff benefits, forcing you to appeal for reinstatement- takes months. You will probably also need a lawyer that does Social Security law; their fees are deducted from the benefit when the award is finally made and most disability policies pay the fee, though you may need to ask to get them to make the commitment. Probably, the best way to improve your effective income is by seeking other benefits to which you might be eligible; such as section 8 housing payment, food stamps, energy assistance, etc. if I can be of any additional assistance, please call me at 208.883.4410
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