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Can a Court Invalidate the Social Security Offset Provision Because Benefits Were 'Wrongfully Denied'?
Lane Powell PC Link to more items from this source
Oct. 10, 2017
'[The district court said:] 'Allowing Unum the offset it seeks would still compensate Hart for Unum's wrongful termination of benefits through the age of 65 but not for the reduction of her social security retirement benefits thereafter.' ... The Court awarded prejudgment interest, which is an 'element of compensation, not a penalty.'... There is some authority allowing a court to exercise 'equitable power' to deny offsets, but those cases are distinguishable. " [Hart v. Unum Life Ins. Co. of America, No. 15-5392 (N.D. Cal. Oct. 4, 2017)]

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