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Can You Get Both Social Security and ERISA Disability Benefits?

4 Jun 2020

Can You Receive Both Social Security Disability And ERISA Disability Benefits?

Can you receive both Social Security disability and ERISA long-term disability benefits?

My name is Brandon Osterbind. I am an injury and disability attorney in Central Virginia and I help people whose long-term disability insurance claims have been denied. And today’s question is whether you can have both, and get Social Security disability and ERISA long-term disability benefits at the same time. And the answer is yes.


How it works

First of all, it doesn’t work the way that you think. In fact, most ERISA disability policies have a provision that requires you to file for your Social Security disability. And if your Social Security disability is approved, whatever the amount that you’re approved for through the Social Security Administration, is deducted from the amount that the long-term disability insurance company has to pay you every month.

You’re not going to be making more money if you are disabled than you would have made had you been working. Yes, you can have both at the same time. But the total of the two is still going to add up to the same number.


The benefits of applying for Social Security disability

The only benefit of applying for Social Security disability is that your claim gets applied to any benefit that your long-term disability insurance company has to pay. The other benefit is that the Social Security Administration typically won’t terminate your benefits like a long-term disability insurance company would. It’s important to know what the rules are for both of those claims and how your benefits can be approved or denied in both situations.

If you have questions about that or if you’ve received a notice that you’re required to apply for Social Security disability benefits after a long-term disability claim has been approved, give us a call or send us an email. We’d be happy to sit down with you and explain it further as it relates to your specific case.

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Brandon and his team at Osterbind Law are truly peerless. This is exactly how a modern personal injury firm should operate. The firm is holistic in its approach and thoughtful. It's no wonder why they get such great results for their clients. And no surprise, their clients love them. I've had the pleasure of working with Brandon on a professional level and he levels up, big time. Kudos.
Nathaniel Amendola
3 months ago

Very compassionate and knowledgeable people who helped us with our situation. They worked quickly and I can’t tell you how grateful I’m they were so caring. I would recommend this firm to anyone that anyone
Lori Rudder
a year ago

The entire team at Osterbind Law are incredible. They communicated with us with every step and process that was happening . They provided the knowledge, support, and empathy to us on the case. And when the curve ball was thrown, they dug in deeper. I have nothing but the highest respect for Brandon and Hannah and the entire team. They made us feel more like a family, than a client.
Wendy Shull
a year ago

The staff is caring and very knowledgeable. They help you as quickly as possible, and worked very hard for us. I'm so pleased with the way they assisted us.
Meghan Rudder
a year ago

Brandon and his team did a great job helping me through my case. I'm so glad I chose him and stuck with him through the transition to his own firm. The staff is very knowledgeable and friendly. They feel like family after all this! Thank you for everything!!Amber J
Amber Higby
2 year ago
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