Regional Vice President of Sales The Retirement Plan Company
|
Bates & Company, Inc.
|
AimPoint Pension
|
Loan & Distribution Specialist AimPoint Pension
|
Defined Benefit Combo Cash Balance Compliance Consultant Loren D. Stark Company (LDSCO)
|
Compass
|
“BenefitsLink continues to be the most valuable resource we have at the firm.”
-- An attorney subscriber
Can a Court Invalidate the Social Security Offset Provision Because Benefits Were 'Wrongfully Denied'?
Lane Powell PC 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)]
|
Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the linked news item's title). |
An important word about authorship: BenefitsLink® created this link to the news item, but we are not the news item's author (unless expressly shown above). |