How Does SSDI Approval Affect My ERISA Long-term Disability?

November 14, 2023

By Steve Fields
Principal Attorney

The Employee Retirement Income Security Act, also known as ERISA, is the law that regulates the majority of benefit plans that are sponsored by employers; it protects your disability benefits and sets standards for those who administer your plan. Employers who choose to self-insure must provide coverage to their employees in accordance with a standardized set of operational norms and regulations. But how does Social Security Disability Insurance (SSDI) approval affect ERISA long-term disability?

If you are eligible for Social Security Disability Insurance benefits, your insurance company will not have to pay as much in Long-Term Disability (LTD) compensation. In other words, the insurance company will adjust their payout according to your SSDI payments. The insurance company may also require you to repay the difference in case you receive back payments.

Read below to find out more about how SSDI approval can affect other disability benefits.

ERISA Overview

ERISA is federal legislation that has been in effect since 1974 and regulates employer-provided benefit plans. The Employee Benefits Security Administration is part of the United States Department of Labor and is responsible for implementing and overseeing ERISA. 

The law specifies rules and guidelines for benefit plan supervisors and employers, trustees, and some other service providers. ERISA ensures that certain standards are put in place for the majority of pension and health plans offered by the private sector, in addition to other benefit programs such as life insurance.

According to ERISA, employers are obligated to provide their employees with information regarding the terms of their benefit plans, such as funding, coverage, and costs. There are also safeguards for employees against any fiduciary wrongdoing. 

Plan participants or the Department of Labor can file a lawsuit against plan trustees if the plans are mismanaged or if plan fiduciaries engage in activity that is forbidden by ERISA. Plan members can also file a lawsuit for unpaid benefits.

The Pension Benefit Guaranty Corporation (PBGC), a division of the federal government, may make payments in the event of the discontinuation of an unfunded retirement plan. ERISA does not require businesses to offer retirement plans to their employees, and it does not apply to retirement plans created or maintained by governments or religious organizations.

The primary goal of the ERISA is to safeguard the financial interests of workers who take part in employee benefit schemes, such as retirement and healthcare programs. Protections extend to both retirees and beneficiaries of the plan.

ERISA applies to everybody who works for a partnership, limited liability company, S-corporation, C-corporation, nonprofit organization, and even firms with only one employee. 

In most cases, churches and other religious groups are not covered, and neither are health insurance plans that are based outside the United States and are principally intended for the benefit of nonresident immigrants.

Comparing SSDI and LTD

Social Security Disability Insurance is a program run by the SSA. Those who are disabled and unable to work for a year or more can apply for this benefit. Applicants for SSDI must meet both the SSA’s definition of disability and the requirements for earned “work credits” in order to receive benefits.

The amount of Social Security Disability Insurance benefits you are paid depends on your average lifetime earnings prior to being disabled. It has nothing to do with how severely you’re disabled. If you are determined to be disabled and qualify for Social Security benefits, you may be eligible for a one-time payment that will cover your back payments, starting from the day that your disability began or whichever day the SSA determines your disability began. 

On the other hand, a private insurance company is typically responsible for providing long-term disability (LTD) benefits. Long-term disability insurance is available both through employers and as an individual purchase. There is often a 6-month waiting time or elimination period before an individual can file for LTD disability benefits after being disabled and unable to work.

If you have LTD insurance and are unable to work due to a medical condition, you might be eligible for benefits to replace some of your lost income. Most group LTD policies—the kind an employer provides as part of a benefits package—are governed by the ERISA. As a result, group long-term disability policies are often referred to as ERISA disability policies.

The amount of your LTD benefits is determined by a percentage of your regular monthly income. Your benefits should equal between 50 and 60 percent of your annual pay. These payments may continue for a predetermined amount of time until your handicap is no longer an issue or until you reach retirement age. 

For many Americans, the safety net that Social Security disability payments and LTD provides is crucial. Each one provides a regular payment that can be lifesaving for those who are unable to work due to illness or injury. To find out if you meet the criteria for either sort of disability assistance, you should consult with the SSA or your long-term disability policy provider. 

How Does SSDI Approval Affect My ERISA Long-term Disability?

The long-term disability benefits you get under ERISA may be affected if you are approved for Social Security disability. Let’s say a person is granted Social Security disability and long-term disability benefits. 

In this case, the amount of money you receive from your long-term disability insurance provider will be lowered to account for the money you receive from Social Security Disability. Most long-term disability providers will pay the difference after calculating your benefit amount and the SSDI benefit amount. 

The approval of ERISA long-term disability benefits in addition to SSDI benefits may also have other consequences. After you have been approved for Social Security disability benefits, your long-term disability insurance provider may submit a claim to recover any money they have overpaid you prior to being approved for SSDI benefits. 

It can be a lengthy process to receive SSDI benefits. When someone is finally approved, they often get paid for the time they waited while their application was being processed. 

After that, you may receive a claim from your long-term disability insurance provider for the difference between what they paid you and what they would have paid you if Social Security disability benefits had been issued earlier.

Will I Get ERISA LTD if I Am Approved for SSDI?

Your SSDI file contains data and decisions that could have an impact on the determination of your long-term disability claim. Therefore, the information you provide to the Social Security Administration and the insurance provider should match each other.

Long-term disability insurance and Social Security Disability Insurance evaluate applicants based on distinct criteria and definitions of disability. 

As a result, getting approved for one won’t guarantee getting approved for the other. If you’re applying for LTD benefits and Social Security disability benefits due to the same medical issues, approval for the former may strengthen the latter. However, being approved for LTD benefits does not guarantee an approval with Social Security disability benefits.

However, if your Social Security Disability claim is refused because the Social Security Administration finds that your health issues do not prevent you from working, your insurance company could claim that you are not eligible for long-term disability benefits. 

If you’re worried that a denial of your Social Security Disability Insurance claim would affect your Long-Term Disability Insurance claim, you may want to speak with an attorney or SSA advocate. 

Many people with disabilities receive benefits from both Social Security Disability Insurance and ERISA Long Term Disability at the same time. In conclusion, being approved for SSDI may affect the amount people receive in LTD benefits. 

Author

Steve Fields is the founder and managing attorney at Fields Law Firm. Since founding the firm in 2001 he quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares.

Together with his experienced team of legal professionals, Steve ensures clients win their case, maximize their recovery while also looking out for their long-term interests, all backed with the firm’s Win-Win Guarantee®.

Fields Law currently handles cases for Personal Injury, Workers’ Compensation, Long Term Disability, Social Security Disability and Consumer Rights and has grown to be one of the largest injury and disability law firms in the nation.

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