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Megan C
Megan C, Certified Public Accountant (CPA)
Category: Social Security
Satisfied Customers: 16576
Experience:  Licensed CPA, CMA, CFE, CGMA M.Accy Also Teach Accounting courses at Master's Level
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I am on FMLA and recieve short term disability benefiets. I

Customer Question

I am on FMLA and recieve short term disability benefiets. I also started recieving my social security check in February. They are reducing my disability check by over 40$ a day because I get my social security check. Thats over 200.00 a week. Is this legal. Can they do this. What has one got to do with the other. I pay extra to get 65% of my pay and with the reduction thats less than 50%.
Submitted: 2 years ago.
Category: Social Security
Expert:  Megan C replied 2 years ago.
Thank you for your question. My name is ***** ***** I will be happy to help you today :-)
I hate to be the bearer of bad news, but if this is outlined in your policy that your benefit will be reduced if you get social security then it is totally legal for the company to reduce your benefits.
You would need to take your policy to an attorney to have them look over it, but all employer funded disability plans I have ever seen does include this language which allows them to reduce your disability benefit as a result of receiving your social security benefit.
I wish I had better news for you
Please let me know if you need anything additional. If not please rate positive so that I may receive credit for assisting you today.
Customer: replied 2 years ago.

I have wirked for this company for twenty years and they have never said anything about benefits being reduced after reachibg the age of 65 or getting social security benefits. They also wantwd me to tell them if I got any miney from any other source.. This was not discussed or brought up either

Expert:  Megan C replied 2 years ago.
They don't have to tell you -- it just has to be in your policy
And it is okay for them to ask if you get money from any other source. For example if you had a side business and are self employed -- they would say that you don't need disability.
It's in the fine print of the policy documents.
I wish I had better news for you. To avoid these types of issues it's best typically to buy yourself a supplemental policy.