SOCIAL SECURITY DISABILITY FAQ'S
* No. First, most LTD plans provide that the insurer will continue your full (unreduced benefit) so long as you apply for SSD benefits. The insurer will often offer to pay for your representation because it knows that–due to LTD offset provisions–it will be repaid in the amount of your SSD retroactive benefits if you win the SSD case. In our experience, however, the insurer’s encouraging the use of this presents a conflict of interest. Particularly where there are multiple medical conditions, including secondary psychological problems, your SSD advocate could win your benefits based upon the psychological problems, which would reinforce a later claim by the insurer that your LTD benefits should be limited (there is typically a 24-month limitation). Moreover, if the insurer makes this offer, there is a strong argument that it must pay for your personally-chosen SSD attorney.