A familiar call: “Mr. Rizk, my long term disability insurer is so nice…it agreed to hire a social security law firm for me, get this, FOR FREE! I once thought insurers were mean, self interested…I was wrong…these guys really care.”

Many long term disability policies contain a clause that allows the long term disability insurer to reduce the benefits they owe to a disabled person by the amounts that person receives or would be eligible to receive in Social Security benefits. Disability insures have contracts with firms who handle social security claims for them in volume. Thus, these firms have a great financial interest in keeping the disability insurers that hire them happy.  If the social security award is backdated, this can result in an overpayment claim. In other words, getting a social security claim approved may actually result in you owing your disability insurer money.

In these situations the insurer sets up a situation where if the disabled person does not apply for social security, the disability insurer will argue that disabled person breached the terms of the disability insurance contract. On the other hand, if the disabled person applies for social security and gets denied, the disability insurer will argue that “even social security agrees you are not disabled.”

If the dilemma described above sounds familiar, call attorney Richard Rizk at (503) 245-5677 or email him at rich@rizklaw.com. Mr. Rizk has litigated disability claims from both sides of the fence since 1990. If your long term disability policy was provided by your employer, it is probably governed by a federal law known as ERISA.

 If you need a Long Term Disability Attorney, Personal Injury Attorney or
Insurance Attorney in the Portland Metro area contact Richard Rizk.
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