LTD Offset of RRA benefits

In Duckworth v. Allianz Life Ins. Co. of N. Am., 2013 U.S.App. Lexis 2132 (11th Cir. Jan. 30, 2013), the long term disability insurance policy provided for an “offset” of disability benefits received by the claimant from the Social Security Administration “or any similar . . . act.” The District Court ruled the provision was ambiguous as applied to the claimant’s receipt of disability benefits under the Railroad Retirement Act (RRA). The 11th Circuit reversed the District Court and held that the RRA is substantially similar to the SSA, and thus, the offset provision was applicable.

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