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When WC, STD, LTD and Social Security comes into play?


Guest Nsoroma

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My question is related to Workers'Comp (WC), short term disability (STD),long term disability (LTD) and social security (SS). My salary changed while on STD meaning I got a raise, but insurance carrier used old salary as basis for LTD. What case/s would be prove that if my salary changed the from one disability policy to next basis of benefit is on the higher salary? I have tried for months with no avail to get the insurance carrier to make the correction, my employer has sent a letter stating what my correct salary was. To make matters worse the insurance carrier is now offsetting for SS overpayment, which is the correct step but amount is wrong, using PD which in California is not an income benefit and month of SS which I was not receiving any payment for. Can anyone give me some cases which I might prove that this is wrong? The policy basically states what my salary was. Of course my real question is who the best litigator in the Sacramento area who is familiar with this area of the law and federal ERISA litigation experience. If you have nominations, please let me know, because I have not been able to even find any prospects. Don't worry nomination does not imply any liability on your part if it does not work out.

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Nsoroma:

I don't know of any litigator, but I assume you never returned from work following your STD, which is typical. It sounds to me like the LTD insurer is paying correctly. I've never seen a Group LTD policy that would increase a person's LTD based on that person getting a raise while disabled. LTD replaces lost earnings, not loss of future earnings.

Sorry, but it sounds like they rightfully base benefits on your earnings just prior to your date of total disability.

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Guest LFrankel

Check your LTD policy for the terms under which your benefit level is established. Some policies base benefits on the average earnings over the last 12 months to date of disability. This would exclude any increases you received after you were disabled.

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