Can private Employer Pension Disability Benefits be reduced by Social Security Disability Income?
4 attorney answers
I agree with Mr. Daymude that you need to refer to the exact language of your pension plan. However, I my experience as a Social Security disability attorney who also deals with employer based pension disability plans, many pension disability require applying for and receiving Social Security disability as a condition of continuing to receive benefits. Consequently, when SSDI starts to be paid, the amount received from the pension disability plan is adjusted to a certain percentage of your pre-injury salary. It would be best to consult an attorney who specialized in disability pension matters to clarify this. An atorney who may held is Thomas Wicke (818) 703-6000.
As a general rule most long term disability plans offset against Social Security Disability. This is why most plans require you to file for Social Security Disability in order to reduce the plan's payout. That being said if you have questions about your policy have an attorney review it.
This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.
"Can private Employer Pension Disability Benefits be reduced by Social Security Disability Income?" -- Yes. And, in fact, that is frequently the case. The exact language of the pension plan will determine the terms of coordination or integration. You have only mentioned a portion of the language and, I suspect, have quoted not from the plan itself but from a summary of benefits. You should review the plan benefits with the plan administrator and ask the administrator your question. If you disagree with that analysis, you should consult a disability rights attorney. Good luck.
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