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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13281
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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Can I Recieve disability from my company's disability

Customer Question

Can I Recieve disability from my company's disability insurance and social security benefits at same time
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Yes. SS has no issue with that. However, you need to look at your LTD policy and see if there is a promise/term that you will have to reimburse your carrier for the amount of SS you receive in the same month as SSD, to the extent of your LTD payment. Newer/cheaper policies purchased by employers often have this offset requirement. However, some older policies did not necessarily have that. It is important to check the LTD policy as it was when you first became insured. Sometimes an LTD/Employer change the policy after years, to the new/cheaper ones that allow the offset. However, I understand that if YOU, the employee, where not advised that your LTD terms were changing (and substantially so), which means your compensation in return for your agreement to work has changed without your knowledge or agreement (unilateral contract change without mutual agreement) - then you may be able to hold your employer liable for that loss of expected income.

For example: Your LTD pays you $4k, your SS is $2k. If you have the cheaper policy, LTD will not allow you the $6k, but only a total of $4k, so you will owe it that extra $2k it paid that SS also paid. In essence, you'd get $2k from LTD and $2K from SS. The difference can be significant, so you DO want to check to see if this was a change from when you started working and if you were not given notice of the LTD change.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

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