Veterans receiving benefits through the Veterans’ Benefits Act are often simultaneously enrolled in private, long-term disability plans (“LTD Plans”) offered through their civilian employers. Instead of allowing veterans to receive the full benefits from both the private LTD Plan and the Veterans’ Benefits, the LTD Plan may attempt to “offset” the amount of long-term disability payments by claiming that the income received as Veterans’ Disability Compensation should be used to decrease the amount paid under the LTD Plan.

Barton & Downes successfully settled a class action against Liberty Life, which challenged Liberty Life's practice of reducing disability benefits by the amount of Veterans’ benefits under both the Uniform Services Employment & Reemployment Rights Act (“USERRA”) as well as the Employee Retirement Income Security Act (“ERISA”). If you are a veteran receiving or eligible to receive veterans benefits and your LTD plan is reducing the amount of your disability benefits as a result of your receipt of veterans’ benefits, Barton & Downes is willing to investigate whether such reductions or offsets are proper under the terms of the LTD Plan, ERISA or USERRA. If the LTD Plan is not allowed to offset the LTD benefits with veterans’ benefits, the veteran may be entitled to additional benefits under the LTD Plan.

We will want to obtain some information in order to investigate your claim, including copies of your employer’s policies or plans regarding long-term disability benefits. If you do not have copies of these documents, we can assist you in making a request for copies. There is no charge to you for us to assist you in making this request or for us to evaluate your case.