Legal Question in Social Security Law in Maryland

Disability Law

My husband is on long term disability, he was told he had to apply for Social Security which he did and is now receiving. He was told that he would have to pay back what the disability company paid him. I filed for Social Security for my kids, it is in my name and they are now receiving it. The Long term disability company told us we may have to give that to them too, is that right?


Asked on 10/29/08, 11:56 am

1 Answer from Attorneys
Randall Selagy F. Randall Selagy, P.C.

Re: Disability Law

Maybe, if the benefit is based on their father being disabled. You really need to read the contract but most LTD policies provide for an offset for ALL SSD benefits including the children's auxiliary benefits.

So you may need to reimburse any children's past due benefit to the LTD and then Dad's monthly benefit will be lowered by the amount of the children's benefit.

Have an attorney review the contract. Contact your local County Bar Association for the name of an attorney who practices employee benefit law and ERISA law.

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Answered on 10/29/08, 12:07 pm


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