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JPEsq, Attorney
Category: Personal Injury Law
Satisfied Customers: 5106
Experience:  Experience as both Plaintiff's and Defense lawyer
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I have been receiving disability payments from a major out

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I have been receiving disability payments from a major out of state private insurer. The insurer reduced my $5,000 monthly benefit by deducting $900 for my social security primary (disability). If I elect to receive my pension next year, could this insurer further reduce my current benefit/payment by my pension amount (thus, eliminating future payments from the insurer)?

It would depend on the terms of your policy... when it is supposed to terminate and under what conditions. If you are receiving SSDI, that will almost always be primary over your private insurer, and it covers the same thing (disability)... so it makes sense to reduce your payment based on that.

Your pension is not insurance (SSDI is), and should only offset your benefits if there is a specific policy provision that terminates your payments upon receiving retirement benefits.

Your pension is completely different from SSDI, and it should not reduce your benefit, barring specific terms to that effect.

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