Joshua Bachrach (Partner-Philadelphia, PA) obtained summary judgment in the U.S. District Court, District of Montana, for a national insurer client providing group long-term disability insurance to employers and unions. The plaintiff became disabled, and her claim for benefits was approved. The dispute centered on whether those benefits were correctly calculated. The policy our client delivered reduces the monthly benefit by the amount of certain other income benefits a claimant receives. One such category is retirement benefits, except for those in an IRA. Here, the claimant argued that no offset applied because she directed the employer to deposit the retirement benefit directly into an IRA. Therefore, she argued it was not an offset.  Siding with our client, the court held that the offset applied because the policy referred to retirement benefits that a claimant “is eligible to receive.” The court also rejected the claimant’s argument that the offset did not apply because the policyholder was the union, not the employer.