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Stephen G.
Stephen G., Sr Income Tax Expert
Category: Tax
Satisfied Customers: 6483
Experience:  Extensive Experience with Tax, Financial & Estate Issues
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I have a diasability polivy throgh my optometric associatio

Resolved Question:

I have a diasability polivy throgh my optometric associatio that pays 4000 a month. In the policy it clearly states unearned income does not count against income towards there policy. I am 64 years old and been on social security since may 2011 benefits 2000 a month now in december became eligible for social security disability which is 2236 a month 2000 plus 226 for disability new york life sent me a letter sat that they are now takinf off 2236 a month from 4000 payment but only 236 dollars is disabity and 2000 is social security or unearned income calling social security tomorrow to show them 2000 is unearned income ss and 236 is diabity and 236 should be only amount in question
Submitted: 4 years ago.
Category: Tax
Expert:  Stephen G. replied 4 years ago.

Stephen E. Grizey :

Hi & thanks for using our service. I'll do my best to give you a complete & accurate answer. Please ask me to clarify anything you don't understand.

Stephen E. Grizey :

I'm afraid it doesn't work that way; once you qualify for social security disability the full benefit you receive is disability. The reason it is higher is that it is very close if not exactly what your normal retirement benefit would be at your normal retirement age, ie. 66.

Customer:

I understant that but 2000 dollars is still uneaned inome and I should not be penalized against my private policy at full retirement age 66 this is now only called social security not disability why dont I just give up disability and only report 2000 as pure social security

Stephen E. Grizey :

What was the effective date of the ss disability as stated in your award letter? You should receive a small retroactive check for the difference in what you were receiving as a retirement benefit and the full disability benefit for the number of months you were receiving the reduced retirement benefit back to the effective date of the disability award.

Customer:

effective ss disabilty 11/01 2011 social security 2000 dollars 8/1/2011

Stephen E. Grizey :

The so called "unearned income" as defined in your policy will be interest, dividends, rent, etc. Most policies are "integrated with social security" which means that if you are receiving social security benefits that counts against the private insurance company's obligation to pay the disability benefit in the policy. It is all factored into the premium computation.

Customer:

my policy clearly states unearned income meanins social security does not count against monthly income

Stephen E. Grizey :

Wait until you get a retroactive ss check, the insurance company will want 100% of that too. This is the way it works, particularly with group policies; the coverage isn't really what it is cracked up to be unless your social security claim is denied. Since the private insurance uses difference standard for disability, often the private insurance will pay, whereas the social security disability benefit will be denied.

Customer:

social disability already accepted

Stephen E. Grizey :

I don't know what that means, but obviously the insurance company thinks it means something different that you do. I'm sure they have been down the same road many times.

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