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Court Looks at Calculating Credit and Taxes in Disability Benefits Case
DeBofsky & Associates, PC Link to more items from this source
Oct. 22, 2015

"[If] a worker is promised a tax-free disability insurance benefit, and that employee later becomes simultaneously eligible to receive both long-term disability payments and Social Security disability insurance payments, which reduce the LTD payments, does the insurer get to offset the gross amount of SSDI or the after-tax net amount? ... The court ruled that no language in the plan supported the plaintiff's claim that the offset of Social Security benefits would be based on the net benefits after taxes and that illustrations in a summary plan description ... compelled a conclusion that the gross benefit is offset.... The court's ruling appears unjustified." [Troiano v. Aetna Life Ins. Co., No. 14-496-ML (D.R.I. Sept. 30, 2015)]

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