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Approval for long-term disability benefits should bring needed and necessary relief. However, the monthly payment may be smaller than you expected because of an offset provision, which allows your insurance company to reduce your benefit based on other income you receive. Disability and offset ERISA provisions in Nashville can turn an approved claim into a new source of frustration.
These provisions are typically intricate and complex, and insurance companies do not always apply them correctly. An experienced ERISA attorney could review your policy and verify the calculations, while an attorney could help determine whether the insurer applied the offset correctly. At Cody Allison & Associates, PLLC, we focus on protecting your rights against the insurance company, whether that means filing an application, appealing a denial, or filing a lawsuit in federal court.
An offset reduces your disability benefit. Under many employer-provided disability policies, your benefit starts as a percentage of your former income. The policy then allows the insurer to subtract other income you receive, which lowers your monthly payment.
The most common offsets include:
Together, these offsets can substantially reduce your monthly benefit. For ERISA disability claims in Nashville involving offset provisions, an attorney could review your policy language and determine whether the policy permits the insurer to apply the reduction.
Some employer-provided disability plans require you to pursue other available benefits. The insurer may reduce what it pays by the amounts you receive from those sources, thereby lowering its payment obligation.
Insurers often estimate this offset and reduce your payment before another program awards benefits. If another program later approves your benefits and provides back pay, the insurer may then demand repayment of what it calls an overpayment. Our Nashville-based ERISA disability attorney could help you understand the policy requirements regarding offset provisions and respond to the insurer’s calculation.
Insurance companies make mistakes, and some offsets are incorrect. An insurer may apply an offset the policy does not permit, miscalculate the amount, or count income the policy does not allow it to count. In those situations, the law allows you to challenge the offset.
When disability coverage comes through your employer, ERISA may govern the claim. Under 29 U.S.C. § 1132(a)(1)(B), you may seek to recover benefits due under the plan to recover benefits, clarify your specific benefits, and enforce your rights under its terms.
An ERISA disability provisions lawyer in Nashville could appeal an improper offset and, if necessary, file a lawsuit in federal court to protect your rights. We handle these disputes against major nationwide insurers such as Unum, The Hartford, Lincoln Financial, and Prudential.
An offset can substantially reduce the disability benefit you depend on, and insurers do not always apply these provisions correctly. Disability and offset ERISA provisions in Nashville can affect how an insurer calculates your monthly benefit. If an insurer has reduced your benefit by applying an offset, contact Cody Allison & Associates, PLLC today to discuss how we could review your claim and work to protect your rights.
For more than 26 years, we have focused on disability insurance claims and represented clients across America against major insurance companies. We are highly rated and highly regarded by other lawyers and judges. We are one of only two firms (for the individual) rated by Super Lawyers in the Mid-South. While we are based in Nashville, we handle disability cases across the country, including Tennessee and neighboring states such as Kentucky, Virginia, North Carolina, Georgia, Alabama, Mississippi, Arkansas, and Missouri. Call now.