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.