Legal Question in Social Security Law in Florida

I have been collecting disability through a private insurance company for over a year now. they have hired a third party to assist me with getting SSI. I paid for this disibility insurance. This third party is telling me that if I get a lump sum payment from the Social Security Admin that I will have to turn it over to my insurance company even though I paid for this coverage. Is this true? Thanks!


Asked on 3/15/11, 12:48 pm

2 Answers from Attorneys

Thank you for your question. This is a complicated area of the law. Generally, a private disability insurer may be able to get an "offset" for a certain amount of Social Security that you receive. The amount is usually where the issue gets confusing.

The reason why? Laws on these matters are designed to prevent people from making more money based on federal and private disability than they were when they were gainfully employed. These laws were most likely implemented to punish the "welfare" scammers. However, sometimes good intentions affect people in a negative way.

It would be wise to consult an Insurance/Social Security attorney and refrain from signing any documents that would provide an offset, until you are aware of the correct amount.

Good luck and feel free to follow-up.

AK

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Answered on 3/15/11, 6:03 pm
Michael Tobin Michael M. Tobin, P.A.

DO NOT. Repeat, DO NOT use the social security representative suggested by the insurance company. When you sign their papers they will slip in an authorization to invade your bank account to grab the SSDI award. Either use a local lawyer or the national firm of BInder & Binder at 631-582-1200. The firms used by insurance companies are generally not attorneys and therefore not bound by legal ethics to serve only the clients interest.

Yes. the policy of insurance does provide for an offset of SS benefits but since they cannot confiscate that award, they should take the offset from only furture benefits. We routinely advise clients in your situation. Call my cellphone 305-305-3351 if you need help.

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Answered on 3/16/11, 9:32 am


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