THE SELF-CONTRADICTORY POSITION OF ERISA DECISION-MAKERS ON DECISIONS BY THE SOCIAL SECURITY ADMINISTRATION

As you might expect, many individuals who have ERISA claims also have claims for Social Security Disability benefits. Indeed, many insurance companies require LTD claimants to file for Social Security disability. This is done because most plans offset the LTD benefit by the Social Security disability benefit and this reduction is considered by the insurers to be one of the most important cost containment features of their LTD contracts (and is usually termed “recovery of an overpayment”).

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THE RELATIONSHIP BETWEEN SOCIAL SECURITY DISABILITY AND SOCIAL SECURITY RETIREMENT

A question I often hear is “what is the relationship between Social Security disability and Social Security retirement?”

One way to think about Social Security disability – that is, Title II benefits not Title XVI benefits or supplemental security income (“SSI”) – is that it is basically “retirement now.” In other words, the money you receive for Social Security disability is in fact the same money you would receive for your normal retirement had you been the requisite age ( i.e., 65, 66, 66 & 10 months, etc.) Continue reading “THE RELATIONSHIP BETWEEN SOCIAL SECURITY DISABILITY AND SOCIAL SECURITY RETIREMENT”

ERISA DISCOVERY VICTORY AGAINST AETNA LIFE INSURANCE COMPANY!

In Williams v. Aetna Life Ins. Co., 13-CV-241-KKC, Doc #: 42 (E.D. Ky. April 16, 2014), our firm was victorious in a motion to conduct discovery in a matter governed by the Employee Retirement Income Security Act of 1974 or “ERISA,” where there is no right to a jury trial, punitive damages are prohibited, and discovery is limited. In her order, Chief Judge Karen Caldwell required Aetna to answer certain of Plaintiff’s discovery inquiries. Continue reading “ERISA DISCOVERY VICTORY AGAINST AETNA LIFE INSURANCE COMPANY!”