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Many times long term disability policies require that the policyholder applies for Social Security Disability benefits (SSDB). The policy will also provide that if you don’t apply for the benefits, the carrier has the right to reduce your disability benefits by what you or your dependent relatives would have received in your Social Security benefits.
Once you are awarded benefits, the disability carrier will ask to be repaid any disability benefits and will reduce your benefits in the future.
What Happens If They Ignore The Social Security Decision And Deny My Benefits?
In the recent case of Melech v. Life Insurance Company of North America, 24 FLW Fed C 905, the 11th Circuit held that CIGNA and Hertz couldn’t ignore the award of Social Security benefits.
The policy required Melech to apply for Social Security Disability benefits and, once the benefits were awarded, they treated the application and the Social Security award as irrelevant.
The Court held that CIGNA was not allowed to ignore the evidence generated by the Social Security Administration after it had made the determination that Melech hadn’t provided enough evidence to support her claim for disability benefits and, as soon as CIGNA no longer had a financial stake in the amount of money Social Security awarded.
The court further held that failure obtains this information and the fact that CIGNA ultimately ignored it, deprived Melech of a fair claim evaluation process.
What Should I Do If My Long Term Disability Claim Has Been Denied And The Carrier Is Ignoring the Social Security Decision?
It’s time to contact long term disability and Social Security attorney, Nancy L. Cavey who can make sure disability carriers like CIGNA review all of the relevant information in your Social Security case.
Call today at 727-477-3263 for a complimentary consultation. We can help you regardless of where you live in the United States.
