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Frequently Asked Questions

Below are some initial questions many clients have when they first contact Cavey & Barrett. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.

Social Security Disability (SSD)

  • Q: No. 1 - Is the long-term disability carrier entitled to repayment because I got Social Security Disability benefits?

    A: Have you read your long-term disability policy? Does it provide that future benefits can be withheld to recover any overpayment arising from a retroactive payment of benefits such as Social Security Disability benefits?

    In the case of White v. Coca Cola Corporation, the United States District Court for the Northern District of Georgia upheld a provision in Coca Cola's long-tern disability plan that allowed Coca Cola to withhold future benefits to recover a retroactive payment of Social Security benefits in the amount of $38,124.90 that Mr. White received.

    Mr. White's payments for 60 months to recover the overpayment, and he appealed. The court agreed with Coca Cola and found that they were entitled to reduce future long-term disability benefits because of the lump sum payment of Social Security benefits.

    At Cavey & Barrett we can assist you in reviewing your long-term disability policy to determine whether or not your long-term disability carrier is entitled to recoup any overpayment for Social Security benefits.

    Answering these broad-based questions isn't easy. Help is a phone call away. You can contact Nancy Cavey, an experienced long-term disability attorney at 727-894-3188.

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Cavey & Barrett
821 16th Street North
Post Office Box 7539
St. Petersburg, FL 33734-7539
Phone: (727) 894-3188
Fax: (727) 821-2751

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