Legal Question in Disability Law in New York

I have been approved for Social Security Disability, do I return any lump sum of monies to the short term disability insurance company


Asked on 11/10/10, 12:53 pm

1 Answer from Attorneys

Carol Ryder Law Office of Carol Ryder PC

I cannot answer that without knowing the Plan's details. Normally, it works as follows: you receive monthly disability checks from the employer or their insurance company. Then, when Social Security kicks in, the monthly check from the ins carrier/employer is reduced by that amount. In fact, disability insurers I have dealt with send out a packet about SSDI, how to find a lawyer, etc. because, of course, they REALLY want that offset from Social Security. I have never seen someone have to return a lump sum to the carrier, especially if the insurer and Social Security are not asking for it, or a monthly deduction.

Nevertheless, you might want to speak with the attorney who filed your Social Security claim. If you do not have one, it may be worth it to you to have an initial consultation with an attorney who does nothing but Social Security cases. We have one near my office, who I send cases to (plus he did a case for a person close to me) and he has gotten SSDI for people on the first try, which is rare. You already were approved so you are one step ahead.

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Answered on 11/16/10, 9:31 am


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