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Employer paid for LTD. I received the benefit for almost 2 yrs . Never signed anything to relinquish SSDI backpay .LTD Benefit

Savannah, GA |

Stopped after SSDI hearing judge awarded me SSDI .. I was told to give up check consulted disability lawyer who said wait for collection notice .. Collection notice here now what

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Attorney answers 3

Posted

Almost all LTD plans - employer sponsored and non-employer sponsored - have for years included language that say if you get SSDI benefits, you have to repay up to the full amount of the LTD benefits you received.

To make sure, request a copy of the entire policy from the LTD carrier. Then compare the bill from the LTD carrier to the Award Notice from SSA to make sure you are only paying back money you actually got. Or, hire a lawyer who does LTD claims in your area to review the stuff for you. It is not unusual for the LTD company to forget about credits you might be due, or include extra months in the collection notice.

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

Posted

Almost all LTD plans - employer sponsored and non-employer sponsored - have for years included language that say if you get SSDI benefits, you have to repay up to the full amount of the LTD benefits you received.

To make sure, request a copy of the entire policy from the LTD carrier. Then compare the bill from the LTD carrier to the Award Notice from SSA to make sure you are only paying back money you actually got. Or, hire a lawyer who does LTD claims in your area to review the stuff for you. It is not unusual for the LTD company to forget about credits you might be due, or include extra months in the collection notice.

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

Posted

Unfortunately, at this point you don't have enough information for a complete answer.

Georgia and federal law MAY, depending on the type of LTD plan, prevent the insurer's claim for reimbursement. In addition, you may or may not have signed a Reimbursement Agreement of some type with the insurance company when they first began paying you LTD benefits. The Summary Plan Document and any agreement you signed need to be reviewed. Depending on what the Summary Plan Document says, you may also need a copy of the actual Plan.

Depending on the terms in these documents, it may be possible to fight part or even all of their claim for reimbursement. But, there is no way to give a definitive answer without these documents, along with a copy of whatever claim the insurance company is making.

Chris Rouse chris.rouse@roco.pro www.savannahdisabilitylawyer.com Please note this answer does not constitute legal advice, and should not be relied on since each situation is fact-specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents. This answer does not create an attorney-client relationship. You are strongly advised to contact an attorney to obtain legal advice before taking or refraining from taking any action with respect to the above.

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