Labor/Employment
Mar. 15, 2013
Like stealing candy from a baby: ERISA offsets
Dependent Social Security Disability benefits are neither for a parent's "loss of time" or "loss of income" that should be subject to offset from the parent's disability benefit.
Michelle L. Roberts
Partner, Kantor & Kantor, LLP
Labor & Employment
1050 Marina Village Pkwy, Ste 105
Alameda , CA 94501
Email: mroberts@kantorlaw.net
UC Berkeley Boalt Hall
Kantor & Kantor is a California-based law firm that represents insureds in ERISA-governed disability, life, health, and pension claims.
Picture this: A 5-year-old child's father becomes totally disabled from work. The father is covered by an insured private disability plan provided by his employer that promises him income protection benefits that equal to 60 percent of his $100,000 pre-disability earnings if he becomes disabled, or $5,000 per month. The insurer, however, reduces, or offsets, the amount of the disability benefit by other income benefits the father or his family receives for "loss of income," including Socia...
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