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Q: long term disabiltity benefits ( Answered 1 out of 5 stars,   2 Comments )
Question  
Subject: long term disabiltity benefits
Category: Miscellaneous
Asked by: apollosports-ga
List Price: $15.00
Posted: 03 Jan 2006 06:51 PST
Expires: 02 Feb 2006 06:51 PST
Question ID: 428431
are long term disability benefits offset by the receipt of an
underinsured motorists award?
Answer  
Subject: Re: long term disabiltity benefits
Answered By: siliconsamurai-ga on 03 Jan 2006 08:01 PST
Rated:1 out of 5 stars
 
Hi, thank you for bringing your question to Google Answers, I hope I
can help you by providing just the information you need.

I am assuming that you are referring to Social Security Disability.

If you are referring to some private insurance plan, then you can only
learn the detailed rules from that company.

In general, you qualify for SS Disability based on how seriously you
are disabled (based on whether you can continue to hold the job or
jobs you are trained for and/or have held in the recent past.)

As with other SS payments, there is no means test.

You can have a million dollars in the bank and a Ferrari in the garage
but still qualify for SS Disability if you otherwise meet the
requirements.

 What you can?t do is have earned income ? that is, you can?t have a
real, money-earning job which pays over a certain amount each month.
Actually you can get paid, for example, by a family business, as long
as you aren?t substantially employed, and you can even earn an
?honest? salary ? that just reduces your payments after you reach a
minimum threshold.

Workman?s compensation can reduce SS Disability benefits.

http://www.nosscr.org/hallfaq.html#04


The main government site is:
http://www.ssa.gov/disability/


The Disability Planner site covers ?What Can Cause Benefits to Stop?
http://www.ssa.gov/dibplan/dwork2.htm
?Two things can cause us to decide that you are no longer disabled and
to stop your benefits.
?	Your disability benefits will stop if you work at a level we
consider "substantial." In 2005, average earnings of $830 or more per
month ($1,380 or more per month if you are blind) were usually
considered substantial. In 2006, that amount increases to $860 or more
per month ($1,450 or more per month if you are blind.)
?	Your disability benefits also will stop if we decide that your
medical condition has improved to the point that you are no longer
disabled.
You are responsible for promptly reporting any improvement in your
condition, if you return to work, and certain other events as long as
you are receiving disability benefits. The booklet we send you when
your application is approved explains what you need to report to us.?

Technically, what you must report is:
If your disabling condition improves.
If you work while receiving payments.
If you receive other disability benefits such as Workman?s Comp. or
any other sort of disability benefit or lump-sum payment related to
disability.
http://www.ssa.gov/pubs/10153.html#4

SSI or Supplemental Security Income is additional and definitely is
based on assets.

Google Search Term
SS disability


The bottom line is that if you do qualify for SS Disability benefits,
any back payments can only be awarded for up to one year prior to the
initial application date so apply as soon as possible.

As far as whether some other income will disqualify you, if you are
not already getting payments, there is no penalty for applying, just
be certain you tell SS about any work you do, or any payments you are
receiving from other sources and let them decide. Not telling them
could cause big problems.

As for your specific question, are payments offset by the receipt of an
underinsured motorists award? That shouldn?t make any difference under
any circumstances, but you should contact SS with the exact
information just in case. You certainly shouldn?t hide any such facts
anyway.

In most instances such insurance payments are for medical expenses,
pain and suffering, vehicle damage, or other damages. Unless they are
specifically a payment for disability they shouldn?t make any
difference but it is always safest to ask.

I hope this answered your question. When dealing with the government
there are always layers of rule makers and a vast number of
regulations but it is very likely that the insurance payment you ask
about will not reduce SS Disability payments. However, if these are
ongoing payments or it is stated anywhere that the payment is for lost
work or inability to work in the future, you need to check with SS
just to be certain.

Request for Answer Clarification by apollosports-ga on 03 Jan 2006 14:39 PST
no. not social security diability benefits. the question was: are long
term disability beefits ( private carrier ) offset by underinsured
benefits

Clarification of Answer by siliconsamurai-ga on 04 Jan 2006 03:55 PST
My apologies but you didn't say that and SS Disability is by far the most common.

If you wish to withdraw your rating and request a refund I will
support your request.

Researchers can only answer what they believe the question to be,
please be more specific if or when you re-ask this question.

Clarification of Answer by siliconsamurai-ga on 04 Jan 2006 04:01 PST
In the light of what is essentially a new question, I don't see any
possible answer except that it depends entirely on the specific
contract you signed with whatever private insurance company is
involved. As I stated in the answer, if you aren't referring to the
government program there simply isn't any way to even guess at the
answer without at least knowing the nature of the disability, the
company name, and the policy type.

I was able to answer it for SS Disability because the policy is
well-known and posted online.

If you provide the name of the insurer I may be able to locate their
policy online but be aware that private insurance companies usually
don't post that sort of information and often fight such cases in
court even if it appears they would continue benefits.
apollosports-ga rated this answer:1 out of 5 stars

Comments  
Subject: Re: long term disabiltity benefits
From: richard-ga on 04 Jan 2006 17:51 PST
 
It is very unlikely that an underinsured motorist award (or for that
matter any damage claim arising from an automobile accident) would
cause a reduction in a claim for benefits under a disibility insurance
contract.  And unless your contract says there is an offset for damage
claims arising from the occurrence giving rise to disability, or words
to that effect, the disability payment should not be limited.

It is normal for Group Long Term Disability Plans to provide that the
insurer will not pay full benefits if there are other disability
payments being made. The contract might call these ?offsets? or simply
?other income.?
   However, "[o]nly income listed in the policy can offset LTD
benefits. Sources of income which can offset LTD payments generally
include:
*State mandated disability payments;
*Social Security Disability Insurance (SSDI) which you are receiving
and other government disability benefits;
*Disability payments from a pension or retirement plan; and,
*Disability payments from another group LTD policy."
An Overview of Disability Insurance Coverage 
http://www.hcvadvocate.org/hepatitis/About_Hepatitis_pdf/1.1.1_Living_With_HepatitisC/Disability%20Insurance%20Coverage.pdf

So if your contract has a list similar to the above, you won't have a problem.

By the way, some long term disability policies will cover disability
caused by disease but not disability caused by bodily injury.  In
reading your policy, make sure it covers the circumstances that give
rise to your claim.
Subject: Re: long term disabiltity benefits
From: joeythompson-ga on 05 Jan 2006 15:36 PST
 
Questioner is unfair with the rating.  It's your fault for asking such
a crappy question.  Be more clear next time, and don't blame the
person who has to make assumptions to help you because you weren't.

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