Legal Question in Health Care Law in Florida

Disability/social security benefits

My mother had disability insurance through her employer and got sick in 2003 and applied for disability and then applied for social security and was awarded social security in in 2007. My mother received a lump some check had to pay disability company and gets monthly social security check for her. Social security says i am entitled to a back payment benefit check in my name. My mothers disability company is saying that my mother owes them that money witch she did not receive. Social security says it goes to me because i am no longer a minor. Is the disability company entitled to any of that money. My mother did not receive any extra money from social security or disability company for me.


Asked on 10/24/07, 1:46 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Disability/social security benefits

This depends on the language of the disability contract. Usually, they are written so that the disability payments are reduced by what is paid to the insured by social security. I would be very surprised if her payments could be reduced by what social security pays to you, but the terms of the contract would be the most important thing to examine. Just call and ask the company to show you where in the contract it says that your mother's payments are decreased when social security pays something to you.

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Answered on 10/24/07, 7:40 am


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