tdiu Ssd/vadisability/ltd Combo = Worries When Va Went 100%

[shortygirl]

hi,

i'm caregiver/wife of 100% service connected husband, and have searched the archives with no answer so i'm posting.

here's the situation: husband served in USMC, was injured, has received 10%VA disability for decades already. worked post-service, was injured on the civilian job, then went on SSD and LTD both in addition to the VA disability of 10% for the last 20 years or so.

for about 20 years his combined income was like this: SSD approx $900, LTD approx $500, VA approx $100 per month. has not worked or earned income from working in all this time.

recently the VA increased his sc rating to 100%. original injury was lumbar 10%, now increased to 100% for lumbar/pain/unemployability, less than a year ago this was finalized.

now the combined income is like this: SSD approx $900, LTD approx $500, VA approx $2,500.

MY QUESTION IS THIS: the LTD company just sent us the normal annual evaluation where you answer all the questions about daily functioning, etc, doctors eval request, and reporting of all income. will the LTD company punish/offset my husband's LTD income due to this increase in VA income?

just hearing from the people is always an enormous stress, as they're typical LTD company, always a nightmare. i'd like links please, to the law if possible, showing me they either do or do not have a right to offset compensation for his service connected worsening/backpay/increased disability compensation.

i understand that SSD is not affected by VA compensation. and i understand that there's an offset relationship between SSD and the LTD, but that wouldn't apply to this situation. and as far as reading the almost incoherent policy of LTD, i see no explanation of offset of VA anywhere.

fyi, the VA disability and the LTD disability are separate. they are not the same disability.

thanks in advance!!!!

ShortyGirl

[Pete53]

Welcome to Hadit. VA is different than other disability but it can help.

good Luck

[john999]

You might consult with a lawyer who does LTD cases. Some of these policies do say that if you get certain things like SSD or VA they will reduce the annuity from the LTD. Was the LTD through a company or was it private. The private policies if they are good don't offset you if you get other compensation. No one can understand everything in the policies except the lawyers.

[halos2]

John999's advice is right..Regs are different with other avenues of disability pay. I know you can't collect workers comp amd ssdi at the same time. The SS dept told me to file for VA benefits but I waited a few years to file. SSDI approved right away, but VA is a tragedy. You gotta fight for your right.