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Yaroslav

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Hi ALS forums. Hopefully I am posting this thread in a right forum..

In December 2013 my mom started receiving $1085 - a which is 50% of her income she was receiving before disability. In October 2013, she also started receiving her retirement Social Security benefit of $586. Her total income was $1671. This week of July 2014, she received notice from the union, saying that her Long Term Disability will now be reduced by the $586 that she receives from Social Security. Furthermore, since my mom started receiving her pension from Social Security since October 2013, she must return a sum of $3974 that accumulated since than. My mom had a surgery and has one more surgery coming in August. There is no way she could support herself with such a small income( $498 ), no she can pay $3974 out of her packet. What can you suggest? Does the union have a right to deduct her retirement benefits from the Long Term Disability that she receives? As we see it, Long Term Disability and Social Security retirement benefits are two different things. How can their claim her retirement benefits income and use it to their advantage?
Thank you for your help and time.
 
Unfortunately they probably can, Each long term disability plan is different but most do have a provision that SSDI benefits can be deducted from what they pay - mine does also.
Additionally some can even take away anything you get for a private pension.
you need to carefully read each plans provisions.
 
Thanks. We never had to deal with this before...so I am just trying to see if this is normal...and if there are any workaround. Thanks!
 
I would call a lawyer and talk with them about this. it my be in their rights, but at least you would have a better understanding of her rights. I would not put it past any plan to take advantage of a sick person.
 
You're not in the right place.

Why are you posting in an ALS forum? Does your mom have ALS (a terminal disease)?
Google "labor law forums" and get answers from those who know.
 
Ah but Mike we have definitive diagnosis and legal guidance -- as a firmware I feel qualified to both diagnosis ALS and to provide competent legal direction! When in doubt, contact
intel!
 
Dear Atsugi,
I am very sorry if I posted in a wrong forum..I just googled Long Term Disability and it gave me your link as well..Sorry I just didn't know where to start. We never had to deal with this before..

Thanks to everyone who gave us better understanding of our situation. It really helped! Thank you!
 
This is correct tho. I am on LTD and had a similar issue. We didn't know we had to pay the lump sum portion back to the LTD company. Thankfully they allowed us to pay it back over 3 years. The disability laws only allow you to keep up to a certain percentage. Since I had kids at home my percentage was higher than not having kids at home. My LTD runs out when I turn 65, which it now looks like I won't make since I am only 52 with ALS. Sometimes I wish I had taken the lump sum they offered last year before my Dx. It was to small then, but now would be more than what I will be paid over the next few years.

I still would contact a SSI attorney. They would know how to best explain the LTD/SSI relationship.
 
Thank you "krnNdug".. I wish you the best!
 
yaroslav the same thing happened with my ltd from work when i recieved money from social security disabilty they deducted that amount and i have to pay money i already recieved but they let me do it over a six month period.
 
just make sure you are not mixing ssdi w/ ssa!
 
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