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ERISA plan can use IRA rollover to reduce benefits (access required)

Published: July 6, 2012

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An ERISA plan could use an insured’s rollover of pension benefits into an individual retirement account to justify the reduction of his long-term disability benefits, the 9th Circuit has ruled in affirming judgment.

ERISA plans could offset Social Security benefits (access required)

Published: June 20, 2012

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Two long-term disability plans didn’t violate ERISA when they both reduced an insured’s payments by the amount of his Social Security Disability Insurance benefits, the 9th Circuit has ruled in affirming judgment.

Vaccine Act award isn’t reduced by SSDI benefits (access required)

Published: June 15, 2012

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A Vaccine Act award for a woman who suffered nerve damage after taking a flu shot should not be reduced by the amount of benefits she is eligible to receive through Social Security Disability Insurance, the Federal Circuit has ruled in affirming judgment.

ERISA plan could offset other disability payments (access required)

Published: May 21, 2012

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An ERISA plan could reduce an insured’s monthly long-term disability benefits by the amount of disability payments that he received from a separate insurance policy, the 3rd Circuit has ruled in affirming judgment.

ERISA plan can offset workers’ comp payments (access required)

Published: September 8, 2011

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An ERISA plan could offset past workers’ compensation payments in determining when an employee would be eligible for pension benefits, the 7th Circuit has ruled in reversing judgment.

Father entitled to offset for support arrearage (access required)

By: Pat Murphy
Published: March 21, 2011

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A divorced father’s obligation for unpaid child support could be offset by a lump-sum payment of retroactive Social Security benefits to his children, the Vermont Supreme Court has ruled in affirming judgment.

Attorney fees in Social Security case not subject to offset (access required)

By: Pat Murphy
Published: December 21, 2010

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An award of attorney fees for work performed before the Social Security Administration could not be offset by an award of fees under the Equal Access to Justice Act for work performed before a federal court, the 5th Circuit has ruled in reversing judgment.

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