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dylatess
dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 3427
Experience:  37 plus years of SSD practice
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On February 8th I was placed on disability while I was

Customer Question

On February 8th I was placed on disability while I was undergoing chemo treatments for Cancer. I have been paying for SS benefits for 50 years (I'm 66 years old), and I also pay for Disability Coverage (I have both short term and long term benefits with my employer (Liberty Mutual). I knew that my income was going to be severely cut while I was out (due to my Sales position not receiving commission for new business) and so I applied for SS Retirement benefits and began receiving them the month after my 66th birthday so my first check was in April.
I'm now being told by my Disability Benefits organization that I must pay back $6,430.31 of the money that they paid me because I collected my retirement benefit. I do not understand this since that is money that I've paid into Social Security and I should not be penalized for my disability. Can you help me?
Submitted: 1 month ago.
Category: Social Security
Expert:  LawTalk replied 1 month ago.

Good afternoon Berneda,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a licensed attorney for more than 3 decades.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge of just $5 more I can offer you a personal phone conference during which there is no limitation on the number of questions you can ask of me, as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What does the disability contract say with respect to collecting of pension benefits or collecting any social security benefits while you are receiving a disability benefit?

2. How much is your monthly disability benefit from Liberty Mutual that you have been receiving?

3. When did your disability benefits begin?

4. Are you still receiving a monthly disability benefit despite the over-payment claim by the insurance company?

Thanks in advance,

Doug

Customer: replied 1 month ago.
1. I've never seen the Disability contract
2. From 3-1-2016 to 8-19-2016 $48,406.19...they say it should have been $41,9975.8
3. Disability started 02-1008-2016
4. Returned to work 11-1-2016 Have to retire 12-31-2016
Expert:  LawTalk replied 1 month ago.

Hi Berneda,

Would like for me to call you for just $5 more?

Doug

Customer: replied 1 month ago.
No I feel like I'm going to be 5 $'d to death...if you can't help me just tell me
Expert:  LawTalk replied 1 month ago.

I have no way of knowing what your disability contract holds. You need to get a copy of the disability contract and then perhaps we can realistically discuss what can and what cannot be done by the insurance company.

Doug

Customer: replied 1 month ago.
I will try to get it
Expert:  LawTalk replied 1 month ago.

Great. When you get it, please get back to me.

Doug