Legal Question in Social Security Law in Virginia

social sercurity and disability insurance

My name is Jenn and I live in VA. My question is about my mother. She has received disablilty through a disability insurance she got through work in 00' since 03' they've been paying her. She recently won her case to receive social security. Now she's being told that she owes the insurnce company $23,000 (the money they've paid to her in the past 3 1/2 years)How is this true or is it even true? I'm afraid its all a big scam trying to take advantage of her and her situation. What makes it a little more confusing is that SS is only paying her a portion of what the disability ins. was giving her. Actually they still have to pay her $147 to match the amount that they've been giving her until she's 65. So later is she going to have to pay that back too? It just all dosen't match up. Can you help?


Asked on 2/01/08, 11:13 am

1 Answer from Attorneys
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: social sercurity and disability insurance

Almost all long term disability (LTD) policies have a provision that says the benefit will be "reduced" or "offset" against Social Security Disability. So, in your mother's case, she probably received retroactive Social Security Disability benefits for the past 3 years. This was the same period covered by the LTD policy. Your mother should look at the LTD policy for this offset provision but I am afraid it probably has the offset/reduction provision in that policy. So, your mother may have a contractual obligation to reimburse the LTD insurance from her Social Security Disability proceeds. If she refuses to reimburse, then the LTD policy will probably stop paying her the $147 per month.

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Answered on 2/01/08, 11:29 am


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