Can a Spousal Benefit (Social Security) offset a Long Term Disability payments? My wife is 62 and I am 67. My wife is on both LTD and Social Security Disability and has been for the last 15 years. I am still working and in 2016 I did a file and suspend on-line for Social Security Benefit thinking that it might help my wife in some way. The Social Security office >called me and acknowledge receipt of my request and then asked why. When I told them they looked up my wife and said she was making more than half of what I would pull from Social Security so they said it didn't make any since. However, they pointed out that I could apply and receive a Spousal Benefit since my wife was already on Social Security and I had reached my Full Retirement age of 66. They even said they would retroactive it back to my birth date so I said yes. We are now getting notice from my wife's long term disability company (Prudential) that the spousal benefit I am taking is considered an offset to my wife's Long Term Disability and they are also expecting back-pay to the date I started taking it. I checked my wife's Long Term Disability policy and the only thing it says under deductible sources of income related to Social Security is as follows: "Prudential will deduct from your gross disability payment the following deductible sources of income: 1)The amount that you, your spouse and children receive or are entitled to receive as loss of time disability payments because of your disability under the Social Security Act; and 2) The amount you receive as retirement payments or amount your spouse and children receive as retirement payments because you are receiving payment under the Social Security Act." Spousal benefits can be received regardless of my wife's disability or not so I don't see where this applies. What is your opinion?
Hi,
First, off, I should point out that I have no expertise in LTD policies, which are private policies not regulated by Social Security law. However, I think the section of your wife's LTD policy that you quoted above clearly states that they will deduct the amount of any benefits paid on your wife's Social Security record, including benefits paid to a spouse or child. That's just my opinion, though.
Best, Jerry