Hey everyone
A friend of mine is receiving LTD benefits, under the two year mark. She is receiving Survivor Benefit through WSIB. Should the survivor benefit be deducted from the LTD payment? The benefit is made out to her and her child. Thanks.
Hi Sean, she would need to see the wording of her LTD policy. It will depend on who the deduction of workers comp benefits is described in her LTD insurance policy. For it to be deducted, the wording for the Workers Comp deduction would need to specifically name this type of deduction, or have such a broad definition of workers comp deduction that would include any payment received from workers comp. Best to report to the insurer and see what position they take on it.
David Brannen
Disability Lawyer with Resolute Legal
The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-917-7050 to speak with a member with our disability claim support team.
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Thanks David. I can’t find anything online but I know that the payment is in both her name and her child’s.
As her to get a copy of her group benefits booklet that describes the LTD benefits. Or ask the employer to get a copy of it to her.
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I was able to review this member’s LTD Policy. He has allowed me to post the results in here. The policy had a section covering what payments or income can be deducted from the LTD.
One of the deductions was described as: payment from “c) Applicable legislation for compensation for workplace injuries”
Normally, this wording might be broad enough to cover payments a person is receiving from a spouse survivor pension. However, there was earlier wording in the section that I believe would over-rule this.
The earlier clause it stated that offsets were “directly or indirectly to Your Total Disability”. So based on that wording, it seems the lower section on workers comp can only make deductions related the policy member’s own disability. A survivor pension from a spouse would not fit under that.
I wanted to post this to give people an understanding of how we have to look at these clauses. You can’t do a quick take and see something listed. You need to read the deduction in the context of the entire policy.
Keep in mind the insurance company in this case may not agree with my view. But I think that is doubtful. Also, this wording is specific to this person’s LTD policy. The wording varies differently so you should not expect your wording to be like this.
David Brannen
Disability Lawyer with Resolute Legal
The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-917-7050 to speak with a member with our disability claim support team.
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