My father worked full time until April, when he became ill. He is also retired and receives SS retirement benefits. He applied for and received short term disability from his company in April and has been receiving payments every month.
The problem is that, now that he's approaching time to go into long term disability, his company is NOW telling him that because he's receiving retirement benefits, they'll have to reduce his disability checks.
I am wondering why his company did not bring this up while he was receiving short term disability. His retirement and receiving of SS benefits are not a secret, all the info's right there if they access his SS# AND it's not illegal, it's ok to work and receive SS benefits.
Is he not entitled to both LTD and SS benefits? It's upsetting him a great deal; on top of fighting for his life (he has stage IV lung cancer), he has to worry about this stuff, too.
Thanks!
2006-07-31 01:23:11 · 9 answers · asked by Flea 2 in Politics & Government ➔ Law & Ethics
Many long term disability plans have a clause in them that states that the benefits will be offset by any amount received from Social Security. You need to read the plan very thoroughly to see if his plan has this clause in it. If it does, they can reduce his LTD benefit by the amount of SS, even if it's age-based SS, and not disability based SS.
I wish I could give you better news.
2006-07-31 04:39:27 · answer #1 · answered by Mama Pastafarian 7 · 1⤊ 1⤋
1
2016-10-08 13:41:54 · answer #2 · answered by Heather 3 · 0⤊ 0⤋
Talk to a Social Security Lawyer - they will know the answers and how to file any claims on your behalf. Plus, it won't cost you out of pocket because there are federal statutes that explain how much an attorney gets (a percentage - i believe around 20-25%) from the recovery. So, it wouldn't really cost you a thing.
Also, this is a pretty specialized area of law - get someone who does it all the time, not just a general practice attorney.
2006-07-31 03:36:42 · answer #3 · answered by Chris K 2 · 0⤊ 0⤋
My friend.....whatever you have given in this message board, is certainly falls under jurisdiction of expert lawyer in this field. But my general knowledge says that your father is eligible to get those benefits....and mind you, there are also some provisions (or concessions) in individual law system that those who are suffering medically are bound to get the monetary relief whatever may have been saying of the company. And please don't let your father to worry about the stuff.....God has already given him much worries to bear.
2006-07-31 02:27:13 · answer #4 · answered by indraraj22 4 · 0⤊ 0⤋
Don't even hesitate a second, you definitely need a lawyer. Get one that specializes in Social Security disability. You can't afford to get the wrong advice on this message board. Do it today. go to www.lawyers.com to find one in your area. also call the local bar association in your city to get a recommendation. Believe me, I am a paralegal and I'm telling you the truth, you need an attorney.
2006-07-31 01:28:33 · answer #5 · answered by pierson1953 3 · 0⤊ 1⤋
Your best bet is to get an attorney. One that specialized in SS Benefits.
2006-07-31 01:35:23 · answer #6 · answered by msjudy58 3 · 0⤊ 0⤋
Did your father pay for LTD? that typically is something you pay for. He may want to check with his insurance company paying the LTD and find out what the real scoop is. LTD is also typically a limited amount.
2006-07-31 01:28:14 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Well, he should have. President Nixon was subject to impeachment for far less. The government is designed for "plausibility deniability" , flunkies will do anything to protect their "king". Of course it benefited him. It put the fear of the IRS into donors of certain causes and he is now playing Sgt Schultz "I know Nothing" about it to his true believer audience.
2016-03-27 08:31:07 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes, I do it and am greatful.
2006-07-31 01:26:35 · answer #9 · answered by EMAILSKIP 6 · 0⤊ 0⤋