Whether your disability insurance company can offset your children’s SSDI dependent benefit depends on the offset language found in your LTD policy. This scenario is relevant when your children live with the other parent and the money is paid to them in that household. In other words, the dependent SSDI benefit is not paid to you. If that is your situation, then you need to look at your insurance policy.
We have seen insurance companies take an offset for a benefit paid to a former spouse on behalf of the children who live in a separate household from our disabled client. From there, we analyzed the policy language. If the language is broad and simply states that the insurance company is entitled to offset the primary and dependent benefits, the argument is not as strong.
However, if the policy states that a benefit paid for a former spouse to children living with such spouse will not be included in the offset, then there is a strong argument in your favor. In that instance, we would argue that the insurance company is not entitled to apply an offset for a dependent benefit when the dependent does not live in the same household as the disabled claimant.
As is true with everything in disability insurance claims, the policy language is key.
If you feel your disability insurance company is improperly applying an offset, contact one of our expert disability insurance attorneys. We can help navigate the complicated language in your policy to determine if the offset is proper or not.
Lawyers with Expertise in Disability Insurance Claims
This law firm has always focused only on disability insurance law.
Because we specialize in long term disability, our clients get the benefit of:
1. Having an attorney who is an expert in long term disability claims;
2. Having an attorney who has experience with every major disability insurance company;
3. Being backed by a law firm that has a proven track record of winning tough disability lawsuits.
Call Dabdoub Law Firm to get experienced disability lawyers on your side.
We can help with:
- Submitting a disability insurance claim,
- Appealing a long-term disability denial,
- Negotiating a lump-sum settlement, or
- Filing a lawsuit against your disability insurance company.
The firm represents clients nationwide with disability claims governed by federal law, even if we are not located in your state.
Call to speak with an experienced disability attorney. Pay no fees or costs unless you get paid.