Legal Question in Insurance Law in Texas
Amount of retirement Social Security payments deducted from disability payments.
I was injured on the job. My employer has a policy that allowed me to work on light duty for one year and then if I was not released to return to my regular job, I would be terminated. This was paid at 80% of the regular pay rate and was done thru a short term insruance type thing. After the year, I was terminated and applied for the LTD which was a company benefit which lasts for a couple or so years at the rate of 50% of the regular pay rate. The insurance company denied my claim at first because they said since I had worked for a year as an office clerk, then that was now my regular job. I appealed and with the help of my company, I was eventually awarded the claim. But, during the time I was on light duty, I turned 65 and started receiving my ''retirement'' Social Security (which was not connected with my disability), and the insurance company is deducting the amount of my social security payment from by disability payments. Is this legal? This is a company benefit due to me because I cannot work at my regular job which requires a lot of driving and heavy lifting. I would not have quit working had I been released to return to my regular job. ...Thank you.
2 Answers from Attorneys
Re: Amount of retirement Social Security payments deducted from disability payments.
You'd have to read the policy. Not illegal if it's part of the policy.
Re: Amount of retirement Social Security payments deducted from disability payments.
You need to read the policy. Most policies allow for an offset for disability benefits that the Social Security Admiinistration pays. Some policies may exclude retirement benefits from Social Security. You should hire a lawyer experienced in ERISA law to read the policy.
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