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Q: A judge ruled in favor of my disability claim as a closed period and I would receive back pay for that time period, but I will not receive a monthly benefit because I went back to work and make more than $1,000. My LTD group plan wants to recoup what they call an offset of social security in the sum of $15,000. This is basically the entire amount of the back pay. Is there any legal recourse in this matter such as filing bankruptcy? If I don't pay it back will and can they sue for this money? Can this amount be 'settled' as insurance companies do on a regular basis?
A: Most group long-term disability policies do provide that if you receive Social Security disability benefits this will not only offset the future payments the disability insurance company owes you but you may have to repay that company for back benefits they paid that "overlap" with Social Security. You should consult with an experienced bankruptcy attorney to find out whether bankruptcy can prevent the disability insurance company from getting a repayment from you. We have seen circumstances where the disability company does institute suit to try to recover the money. Yes, sometimes this amount can be "settled" with the insurance company.