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  1. #1
    Join Date
    Jul 2010
    Location
    South Carolina
    Posts
    40

    Default Social Security and Long Term Disability Offset

    Can anyone tell me what happens if your Social Security Disability payment is more than your Long Term Disability payment? Does that cancel out your LTD all together? I know about the offsets, but not sure what happens in this situation.

    Also my doctor authorized me to return to work to Sedentary duties only on the last day I was allowed to be out of work without being terminated. (After 6 months termination is automatic) I was called in to give a statement in an investigation thats going on while I was out. My return to sedentary work was denied by my Employer, even though I have been allowed to return on 3 other occassions. Long story short, Retailation. Im being told they cant accomodate my restrictions and that my insurance will end on March 31, yet they have not officially terminated me. Even told me about COBRA! BUT gave me a form to take to my doctor to fill out to determine if they can indeed accomodate me! The story gets better, they allowed a coworker to return to work on Monday after being out as long as I have with restrictions, her job requires a lot of standing and walking, but she had restrictions for that, they even kept a sub on to help her. I have a desk/supervisor job and was not allowed to return..............? Have I confused you? I am confused myself. Any insight or advise?

  2. #2
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,850

    Default Re: Social Security and Long Term Disability Offset

    You need to talk to a lawyer. If you are 40 or over, you may have an age discrimination claim brewing up there. And so far as the LTD offset is concerned, that depends on what is in the LTD policy.

    If you are drawing work comp benefits, then SSD takes the offset for those. But it is not a dollar for dollar offset.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  3. #3
    Join Date
    Jul 2010
    Location
    South Carolina
    Posts
    40

    Default Re: Social Security and Long Term Disability Offset

    Would it be discrimination even if they turn around and allow me to come to work with the same restrictions they had the first time????? Does termination have to happen for it to be a case?

  4. #4
    Join Date
    Feb 2007
    Location
    Charlotte, NC
    Posts
    2,850

    Default Re: Social Security and Long Term Disability Offset

    No, discrimination can be something less than termination. Speak to an employment lawyer in your state if you are concerned about what is happening.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney at Law

  5. #5
    Join Date
    Jul 2010
    Location
    South Carolina
    Posts
    40

    Default Re: Social Security and Long Term Disability Offset

    Thanks, I will. I went to the EEOC and was under the impression that I had to go through them first! Thanks again, I am on it!

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