Denver, CO asked in Social Security for Colorado

Q: I got a reimbursement check for ssi, does it all have to go back to the private disability company?

I recently got approved for disability through social security and received a large sum check for the back pay of the 3 years that my case took. During that time I was being paid through private disability from my previous job. I want to know if all the money has to go back to them or if I am able to keep some of the money. I am terminally ill. THANK YOU

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Social Security Disability Lawyer
  • Sacramento, CA

A: If you received a lump sum from Social Security Disability Insurance (SSDI) and you were also receiving benefits from a private disability insurance policy, the terms of your private policy will dictate how much, if any, of your SSDI back pay you are required to reimburse. Typically, private disability policies require that you report any SSDI payments and may offset your benefits by the amount received from Social Security. This is because most private disability insurance policies are designed to integrate with SSDI, ensuring that your total income from both sources doesn't exceed a certain percentage of your pre-disability earnings.

However, the specific details can vary significantly from one policy to another. You should carefully review your private disability policy or contact the insurance provider for clarification. They can provide you with detailed information regarding their offset provisions and any reimbursement requirements related to receiving SSDI back pay.

In your unique situation, considering your terminal illness, it's also advisable to discuss this matter with a legal advisor or an advocate experienced in disability rights and insurance. They can offer guidance tailored to your specific circumstances and help ensure that your rights are protected while you navigate this process.

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