It appears you have not yet Signed Up with our community. To Sign Up for free, please click here....



Disabilities Message Board
Post New Thread   Closed Thread
LinkBack Thread Tools
Old 08-15-2011, 05:16 PM   #1
Newbie
(male)
 
Join Date: Aug 2011
Location: USA
Posts: 8
confusedray HB User
Backpay overpayment - Refund from LTD???

I live in Texas

I was awarded SS disability in July 2009 and the backpay award was from April 2008 (12 months before I filed.) The date of onset was determined to be in July 2007.

My LTD insurance carrier deducted the award amount (about $20,000) from my monthly benefit check until it was paid back in full to the LTD carrier.

Today (8-15-2011) the SS office finished a review of my case (I am on the Ticket To Work program) and decided to reset the date of onset to early 2009, and now SS says I have $19,000 overpayment due to the initial award. I will work a payment plan out with the local SS office.

My question is can I recover the award monies paid to the LTD? It seems fair because I no longer have the award technically.

I hope I worded the question correctly.

 
Old 08-15-2011, 06:40 PM   #2
Facilitator
(female)
 
SpineAZ's Avatar
 
Join Date: Oct 2005
Location: Wisconsin
Posts: 5,097
SpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB User
Re: Backpay overpayment - Refund from LTD???

Yes, they do indeed owe you money back.

First contact LTD by phone and let them know what happened, ask who to send the copy of the letter to at the LTD ins co. Then send a copy of SS's letter to LTD with a letter requesting re-cacluation of overpayment and payment to you of any amount due back.

Then give LTD 20 days from the date you send the letter and call requesting an update.

Did you use an attorney to get SSDI? And if so, was it an attorney provided by LTD? The reason I ask is that LTD may ask that attorney to appeal the decision to change the date.

What reason did SS give for changing the date? I worked in STD/LTD for over 15 years and never saw this occur so it may be something the initial person you speak to you is not used to seeing as well.

When you send it to LTD, if it's a street address I'd suggest sending it in some way that signature or receipt can be proven. If it's a PO Box you won't be able to, but then call LTD 10 days after you send the letter to ask if it's being processed.
__________________
Rt&Lt thumb arthroplasty 2012 ; RT TKR & Bilat CTS 2011
Fusions: L5-S1 (87), L4-S1 (93), C5-C7 ('06), L3-S1 ('10)
C5-C7 foraminotomy 08

 
Sponsors Lightbulb
   
Old 08-16-2011, 07:50 AM   #3
Newbie
(male)
 
Join Date: Aug 2011
Location: USA
Posts: 8
confusedray HB User
Re: Backpay overpayment - Refund from LTD???

I did not have an attorney to help me with my case. It went very smoothly for whatever reason. The LTD did want me to use Alsup but I did it on my own.

I am in the Ticket To Work Program and that triggered a Work Activity Report. Then they decided to go all the way back and found SGA part time work 6 months before I even filed for SS.

So, they decided to move the date of onset up to Jan 2009. Now it seems the entire award may have to be paid back.

I have been searching around for a situation similar to mine and can't find anything.

I hope that the LTD will be aggressive in refunding the money as they were aggressive in collecting the award from me. At this point I don't want an attorney to sue for me and then keep 30%.

 
Old 08-16-2011, 08:04 AM   #4
Facilitator
(female)
 
SpineAZ's Avatar
 
Join Date: Oct 2005
Location: Wisconsin
Posts: 5,097
SpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB User
Re: Backpay overpayment - Refund from LTD???

If the date of disability onset is January 2009 then SSDI would begin after the mandatory 5 mo waiting period (Feb, March, Apr, May, June) with SSDI benefits beginning July 1, 2009.

Are you sure you can find work that will pay you more than you get from LTD? If you show via Ticket To Work the intent to return to work then LTD will be carefully monitoring your claim to determine if you as still disabled under LTD. You must report all income to LTD and if they get the sense you will be returning to work in any capacity LTD may be in jeopardy.

For example, if LTD pays you $3200/ mo and you take an administrative job hat pays $2000/mo your LTD can end if LTD can find jobs with the same requirements which pay $3200/mo or more.

When did you last do any type of work? When did LTD begin? How long was the LTD waiting period? For example my LTD started after 6 mo out of work.
__________________
Rt&Lt thumb arthroplasty 2012 ; RT TKR & Bilat CTS 2011
Fusions: L5-S1 (87), L4-S1 (93), C5-C7 ('06), L3-S1 ('10)
C5-C7 foraminotomy 08

 
Old 08-16-2011, 10:04 AM   #5
Inactive
(male)
 
Join Date: Mar 2011
Location: USA
Posts: 2,602
BlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB User
Re: Backpay overpayment - Refund from LTD???

Quote:
Originally Posted by confusedray View Post
I live in Texas

I was awarded SS disability in July 2009 and the backpay award was from April 2008 (12 months before I filed.) The date of onset was determined to be in July 2007.

My LTD insurance carrier deducted the award amount (about $20,000) from my monthly benefit check until it was paid back in full to the LTD carrier.

Today (8-15-2011) the SS office finished a review of my case (I am on the Ticket To Work program) and decided to reset the date of onset to early 2009, and now SS says I have $19,000 overpayment due to the initial award. I will work a payment plan out with the local SS office.

My question is can I recover the award monies paid to the LTD? It seems fair because I no longer have the award technically.

I hope I worded the question correctly.
Wow, I don't think I have ever seen that before. Technically, the carrier should give you the money back for you to pay SS. Spine gave you some good advice. Why did the LTD carrier have to deduct it from the monthly check they were sending you? Did you not PIF back the overpayment to the carrier when you received the SS backpay? Are you still on LTD? How long have you been on LTD or how long were you on LTD?

 
Old 08-16-2011, 10:10 AM   #6
Inactive
(male)
 
Join Date: Mar 2011
Location: USA
Posts: 2,602
BlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB User
Re: Backpay overpayment - Refund from LTD???

Quote:
Originally Posted by SpineAZ View Post
if it's a street address I'd suggest sending it in some way that signature or receipt can be proven. If it's a PO Box you won't be able to, but then call LTD 10 days after you send the letter to ask if it's being processed.
He can send it certified/return receipt via the USPS Spine. The PO Box owner will simply have to sign for it before the post office will release.

 
Old 08-16-2011, 10:35 AM   #7
Inactive
(male)
 
Join Date: Mar 2011
Location: USA
Posts: 2,602
BlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB User
Re: Backpay overpayment - Refund from LTD???

Quote:
Originally Posted by confusedray View Post
I did not have an attorney to help me with my case. It went very smoothly for whatever reason. The LTD did want me to use Alsup but I did it on my own.
I am using Allsup and my LTD carrier credits the fee Allsup charges. IOW, I pay back the overpayment to the carrier and the carrier then pays Allsup out of the overpayment money.

 
Old 08-16-2011, 02:29 PM   #8
Newbie
(male)
 
Join Date: Aug 2011
Location: USA
Posts: 8
confusedray HB User
Re: Backpay overpayment - Refund from LTD???

Quote:
Originally Posted by SpineAZ View Post
If the date of disability onset is January 2009 then SSDI would begin after the mandatory 5 mo waiting period (Feb, March, Apr, May, June) with SSDI benefits beginning July 1, 2009.

Are you sure you can find work that will pay you more than you get from LTD? If you show via Ticket To Work the intent to return to work then LTD will be carefully monitoring your claim to determine if you as still disabled under LTD. You must report all income to LTD and if they get the sense you will be returning to work in any capacity LTD may be in jeopardy.

For example, if LTD pays you $3200/ mo and you take an administrative job hat pays $2000/mo your LTD can end if LTD can find jobs with the same requirements which pay $3200/mo or more.

When did you last do any type of work? When did LTD begin? How long was the LTD waiting period? For example my LTD started after 6 mo out of work.
I am no longer on LTD because my disability is mental related. The LTD payments ended quite some time ago; it was only good for 2 years. Funny how they look down on my situation. If they were going through what I have to deal with on a daily basis, they would change that time limit.

The LTD carrier deducted the award from my checks until the 24 months ran out.

Now I am faced with getting the money back from them so I can pay back SS. This is very stressful, but I hope the LTD carrier will not force me to sue. That means some attorney will get a percentage and I am still left holding the bag.

 
Old 08-17-2011, 05:59 AM   #9
Facilitator
(female)
 
SpineAZ's Avatar
 
Join Date: Oct 2005
Location: Wisconsin
Posts: 5,097
SpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB User
Re: Backpay overpayment - Refund from LTD???

If you believe SS is incorrect, first appeal to them.

If not, contact a Manager at LTD. Explain you are not appealing your claim but SS has retroactively changed onset date from (date) to (date). Ask for name and address of where to send you request for review of overpayment as LTD may owe money back to you.

If you run into trouble an ERISA lawyer may help nut may cost money. Ideally get an atty who does SS and LTD. They can try to get money back from LTD and if it's less than what SS is asking for can perhaps get SS to settle for less.
__________________
Rt&Lt thumb arthroplasty 2012 ; RT TKR & Bilat CTS 2011
Fusions: L5-S1 (87), L4-S1 (93), C5-C7 ('06), L3-S1 ('10)
C5-C7 foraminotomy 08

 
Old 08-17-2011, 06:21 AM   #10
Inactive
(male)
 
Join Date: Mar 2011
Location: USA
Posts: 2,602
BlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB User
Re: Backpay overpayment - Refund from LTD???

Quote:
Originally Posted by confusedray View Post
I am no longer on LTD because my disability is mental related. The LTD payments ended quite some time ago; it was only good for 2 years. Funny how they look down on my situation. If they were going through what I have to deal with on a daily basis, they would change that time limit.

The LTD carrier deducted the award from my checks until the 24 months ran out.

Now I am faced with getting the money back from them so I can pay back SS. This is very stressful, but I hope the LTD carrier will not force me to sue. That means some attorney will get a percentage and I am still left holding the bag.
OIC now. Thanks for explaining. I am on LTD for a mental disorder. I have one of those rare group policies today with no 2 year mental health limit.
It will pay until age 65 as long as I remain disabled. Most ppl can't believe this when I tell them about this no limit for M/N, but like Spine said, the carriers let the customers customize the policies for their employees to a large extent. I am sure glad the 2 year limit for M/N was excluded from my policy.

I see your dilemma. Do as Spine said 1st before seeking out an attorney. If all else fails, then I would personally try to find an Erisa attorney who works on contingency. Yes, you are still left holding the bag so to speak but a lot less percentage of that bag if the attorney prevails. This however should be your last option. The money is owed back to you, no question about that unless SS
reverses their decision.

 
Old 08-17-2011, 06:31 AM   #11
Inactive
(male)
 
Join Date: Mar 2011
Location: USA
Posts: 2,602
BlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB User
Re: Backpay overpayment - Refund from LTD???

Quote:
Originally Posted by confusedray View Post
I am no longer on LTD because my disability is mental related. The LTD payments ended quite some time ago; it was only good for 2 years. Funny how they look down on my situation. If they were going through what I have to deal with on a daily basis, they would change that time limit.

The LTD carrier deducted the award from my checks until the 24 months ran out.

Now I am faced with getting the money back from them so I can pay back SS. This is very stressful, but I hope the LTD carrier will not force me to sue. That means some attorney will get a percentage and I am still left holding the bag.
Question? Did LTD start offsetting immediately on anticipated SS benefits before you were approved for SSDI? How long did it take you to get approved for SSDI? I assume you were awarded rather quickly.

 
Old 08-17-2011, 01:18 PM   #12
Newbie
(male)
 
Join Date: Aug 2011
Location: USA
Posts: 8
confusedray HB User
Re: Backpay overpayment - Refund from LTD???

I really appreciate all the help from Spine and others! This is making me feel better already.

I spoke with SS this morning to make sure the notice letter includes language that will specify the time frame so the LTD won't push back. They also agreed that the LTD should refund me. We will see.

This may be a long process, but I will keep everybody informed in case someone else has this issue.

To answer a question posted, my case went very smoothly. I have been under the care of a great psychologist and psychiatrist. The LTD sent me to a medical review and that doctor agreed with my docs. It was actually funny because the nurse at the LTD was visibly upset reading the findings. They really don't want anyone being mentally "impaired".

SS wanted to send me as well, and their medical review was in line with the other 3 docs.

The payments started right away. Hope that answers the question.

Ray

 
Old 08-17-2011, 06:40 PM   #13
Inactive
(male)
 
Join Date: Mar 2011
Location: USA
Posts: 2,602
BlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB UserBlueSkies14 HB User
Re: Backpay overpayment - Refund from LTD???

Quote:
Originally Posted by confusedray View Post
It was actually funny because the nurse at the LTD was visibly upset reading the findings. They really don't want anyone being mentally "impaired".
When you say They really don't want anyone being mentally "impaired". , can you explain what you mean?

 
Old 08-18-2011, 12:32 PM   #14
Newbie
(male)
 
Join Date: Aug 2011
Location: USA
Posts: 8
confusedray HB User
Re: Backpay overpayment - Refund from LTD???

What I meant by that was in my experience, my LTD was very skeptical that anyone could be disabled (impaired) by a mental disorder.

At least that was the impression I got when going through the process.

 
Old 08-18-2011, 12:41 PM   #15
Facilitator
(female)
 
SpineAZ's Avatar
 
Join Date: Oct 2005
Location: Wisconsin
Posts: 5,097
SpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB UserSpineAZ HB User
Re: Backpay overpayment - Refund from LTD???

All LTD insurance companies are well prepared for mental health claims and often have staff dedicated to reviewing the claims. When there is a 24 mo mental illness limitation the insurance company actually know a claim defined end date so it's easier to approve (however if a physical condition exists which also disables the person then the claim can continue behind 24 mo).

The initial goal for all claims is some kind of return to work plan. Perhaps seeing someone declared "mentally impaored" worries the claim case manager as they don't want to inhibit the person's functional abilities or make the claimant feel as if there's no hope.
__________________
Rt&Lt thumb arthroplasty 2012 ; RT TKR & Bilat CTS 2011
Fusions: L5-S1 (87), L4-S1 (93), C5-C7 ('06), L3-S1 ('10)
C5-C7 foraminotomy 08

Last edited by SpineAZ; 08-18-2011 at 12:42 PM.

 
Closed Thread

Similar Threads
Thread Thread Starter Board Replies Last Post
SSDI Backpay (Confused!) Waiting2011 Disabilities 31 07-21-2011 09:39 AM
approved for ssi unclear about backpay melissa408 Disabilities 4 05-06-2011 10:36 PM
LTD Overpayment R Young Disabilities 0 02-03-2011 11:40 AM
SSI/SSDI Backpay Benji21 Disabilities 3 12-13-2010 10:31 AM
STILL waiting on SSDI backpay!!!! rickswife07 Disabilities 46 08-30-2010 11:49 AM




Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off




Join Our Newsletter

Stay healthy through tips curated by our health experts.

Whoops,

There was a problem adding your email Try again

Thank You

Your email has been added








TOP THANKED CONTRIBUTORS



BlueSkies14 (602), SpineAZ (411), mscat40 (410), jgrangran (393), ferd144 (153), gayle428 (147), sunni123 (138), vann04 (102), Jacki345 (95), NElady (75)

Site Wide Totals

teteri66 (1180), MSJayhawk (1011), Apollo123 (909), Titchou (856), janewhite1 (823), Gabriel (761), ladybud (755), midwest1 (669), sammy64 (668), BlueSkies14 (607)



All times are GMT -7. The time now is 05:50 AM.



Site owned and operated by HealthBoards.comô
Terms of Use © 1998-2014 HealthBoards.comô All rights reserved.
Do not copy or redistribute in any form!