I am receiving a disability check for a work related injury

UPDATED: Oct 1, 2022

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I am receiving a disability check for a work related injury

I have and am continuing to receive a long term disability check from a work related injury. I received a letter stating they want to cut back on the amount I receive because my husband is now 66 and he may be collecting more Social Security. He retired at 65 and I don’t understand what his income has to do with my long term disability check. I paid for the insurance while I was employed and I have been receiving the check for a number of years; I was receiving it while my husband was employed. His SS is a whole lot less than what he earned while working.

Asked on May 15, 2019 under Insurance Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The long-term disability policy you bought and paid for is a contract (all insurance policies are contacts): the insurer must pay you the amount(s) set forth in the contract, and can only reduce those amounts if the terms of the policy say they can. So you need to review the policy to answer your question: is what you receive based on your family income or spouse's social security? If it is, they can reduce your payments; if not, they cannot.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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