Legal Question in Insurance Law in New Mexico
Social Security/Long term disability thru insurance co.
My husband has been on long term disability since 2000. He never was able to collect Social Security disability since the county he worked for didn't pay into it for the last 10 years he worked there. He wishes to collect his social security in addition to his disability. He will be 64 soon. Does he have to tell the insurance company legally that he will be accepting his social security? Does the insurance company have the right to penalize him and take money away from his disability check that he has been awarded for the past 8 years? He will be on disability for the remainder of his life.
2 Answers from Attorneys
Re: Social Security/Long term disability thru insurance co.
Many disability policies deduct social security benefits from the montly payment. You need to look a the exact language of the policy. When the disabled person gets a claim form, generally there is a question about social security benefits and the amount.
No, there is no general duty to tell the insurer what your husband is going to do. But he has an obligation to answer any written questions truthfully. If the policy does not allow for social security deductions, that it what is determinative.
The insurer has no right to penalize your husband, it does have the right to follow its own contract. If you are in doubt, go to an insurance lawyer familiar with disability claims.
Re: Social Security/Long term disability thru insurance co.
Many disability policies deduct social security benefits from the montly payment. You need to look a the exact language of the policy. When the disabled person gets a claim form, generally there is a question about social security benefits and the amount.
No, there is no general duty to tell the insurer what your husband is going to do. But he has an obligation to answer any written questions truthfully. If the policy does not allow for social security deductions, that is determinative.
The insurer has no right to penalize your husband, it does have the right to follow its own contract. If you are in doubt, go to an insurance lawyer familiar with disability claims.
Related Questions & Answers
-
Home Insurance Claim I filed a claim in April 07, i had water flowing under my... Asked 12/07/07, 4:50 pm in United States New Mexico Insurance Law
-
Insurance Does insurance pay accidental death benefits when a person is murdered? Asked 10/29/07, 7:03 pm in United States New Mexico Insurance Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
