Dealing with Social Security Awards, Calculating Offsets and Handling Overpayments in Disability Cases

January 22, 2016 2:15pm

Steve Perrigo
VP of National Accounts
Allsup, Inc.

Joseph M. Hamilton
Partner
Mirick, O’Connell, DeMaille & Lougee, LLP

Eric L. Buchanan

Eric Buchanan & Associates, PLLC

  • What kind of offsets are LTD plans and insurers entitled to? What is the latest case law saying?
  • What language needs to be in the policy/plan to make an offset enforceable?
  • Calculating the offsets: applying other monthly income benefits; estimating other monthly income benefits; applying a lump sum award of other income benefits (Workers comp, Tort recoveries against third parties, and Retroactive SSDI awards)
  • Interplay of social security; how can a social security decision help or hurt you?
  • Can you offset things like VA benefits that are not specifically set forth in the policy?
  • An overview of how the different circuits are treating personal injury settlements and their effect on disability income benefits
  • What creates the overpayment?: Policy/Plan language; The repayment agreement
  • The mechanisms for recovering an LTD overpayment; defining the multi-step process for recovering overpayment of funds
  • Identifying when to seek refund of overpayment while still complying with social security law
  • The latest trends; and how courts have been responding to overpayment recovery claims