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Yes, you might get sued. Under most long-term disability insurance contracts, you are required to apply for Social Security disability (even if you would not meet the requirements) and you are required to reimburse the long-term disability insurance company if you are paid Social Security benefits.

This is just another reason why group long-term disability insurance contracts are basically sham contracts. If you can afford to do so, you should buy a private long-term disability insurance policy before you are disabled.

Ben Glass
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Ben Glass is a nationally recognized ERISA disability & life insurance attorney in Fairfax, VA.