Is My Disability Insurance Company Allowed to Offset My Child's Social Security Benefits?
The short answer is: Yes, it can.
Here’s why: When you are found disabled by the Social Security Administration, you are entitled to monthly Social Security Disability Income (“SSDI”) benefits based on your earnings and work history.
You get a monthly benefits for yourself, plus an additional benefits for your child(ren). This is until the child turns 18. The children’s benefit is usually equal to about half of your benefit.
Because the children benefit is part of your SSDI benefit due to your disability, your insurance company can offset your monthly disability insurance benefit by the total amount you receive in SSDI.
Most disability insurance policies have a provision under “Other Income Benefits,” that allow the insurance company to reduce your monthly LTD benefit. Other income benefits can include:
- Retirement benefits
- Workers Compensation
However, if your child receives their own social security due to their own disability, that is not an offset. It is important to understand the difference and know when the other income benefits offsets apply.
The policy governing your claim will have all the information you need to determine what benefits can be offset. This provision is significant because it will directly affect how much you will get paid by the insurance company.
Our Disability Attorneys Can Help You
Dabdoub Law Firm was built to be a disability insurance law firm. Because all our disability lawyers focus on disability insurance claims, the firm has significant experience with every major disability insurance company and has won important disability lawsuits.
The firm can help at any stage of your long term disability claim, including:
- submitting a disability insurance claim;
- appealing a long-term disability denial; or
- filing a lawsuit against your disability insurance company.
Hiring an experienced disability attorney is important. Because federal law applies to most disability insurance claims, our lawyers do not have to be located in your state.
Call for a free consultation with an experienced disability attorney.