Pittsburgh, PA asked in Employment Law and Public Benefits for West Virginia

Q: should my pension be separate from my disability

i was disabled by dupont with a guarantee of 60% of my pay ssi pays half and dupont paid half. when i started getting my pension they deducted it from my disability pay from dupont

1 Lawyer Answer
James L. Arrasmith
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A: I understand your concern about your pension being deducted from your disability pay from DuPont. Generally, pensions and disability benefits are treated as separate forms of income, and one should not affect the other. However, the specific terms of your disability agreement with DuPont and the rules governing your pension plan will determine how these benefits interact.

Here are a few things to consider:

1. Review your disability agreement with DuPont to see if there are any provisions that allow for the deduction of pension income from your disability payments.

2. Check the terms of your pension plan to see if there are any rules regarding the interaction between pension income and disability benefits.

3. Consult with a legal professional or a benefits specialist who can review your specific case and provide guidance on whether the deduction of your pension from your disability pay is appropriate.

4. Contact the Social Security Administration (SSA) to inquire about how your pension may affect your Social Security Disability Insurance (SSDI) benefits, as the rules for SSDI may differ from those of private disability insurance.

If, after reviewing your agreements and consulting with experts, you believe that the deduction of your pension from your disability pay is not appropriate, you may need to appeal the decision or take legal action to protect your rights to both forms of income.

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