lundi 1 août 2016

Disability Benefits: Repaying Ltd After SSDI Lump Sum Payment with No Documentation

I have been receiving LTD payments (from a previous employer's LTD carrier) for a few years. After the first year, I was suddenly told that in order to continue receiving said benefits, I had to apply for SSDI, which I did. The LTD company paid for an attorney who just absolutely destroyed my case and obviously lost. Shortly after the denial, the LTD company again told me that I had to reapply and "try again" otherwise my benefits would be terminated, so I applied again. This time around I represented myself, completed all the documentation, researched disability law up, down, and sideways, and won my hearing.

So now, the LTD company wants the money I received in the lump sum IN FULL to pay back what they paid out, which I understand, minus how they decided that they were entitled to all of it. But I've hit a few bumps and need some opinions.

1. My child is also receiving benefits and I have been appointed the representative payee. I've opened the bank account under my child's name, been keeping track of his spending, etc. The LTD company says they are fully and completely entitled to all of the back pay that was paid out to my child. That money came separately from SS, was deposited into my child's account, and any correspondence/mail involving the monthly payments or back pay comes under my child's name only. I've been told that LTD would not be permitted to take any of my child's money because it's paid out to only my child (not me) and, although the eligibility came with my approval, the money is separate and not for my use. Does the LTD have a leg to stand on with regards to this money?

2. The LTD company wants copies of ALL the paperwork from Social Security. I don't see the need to have access to every possible document as it's just a matter of money that's at hand. They've repeatedly sent me release of information forms for me to sign in which they already included the statement that they would be allowed "full and complete" access. I've never signed anything or agreed to any release for the above mentioned reason. Am I correct that the LTD doesn't need any direct access to my information? Wouldn't sending copies of documents from SS suffice?

3. The LTD is also telling me that no monies could be held and "paid" to me for all the work I did to get approved. I'm not asking for an offset equivalent to what an attorneys fees might be, but it seems like I should be able to get some credit on this.

AND THE BIGGIE:
4. The LTD company "does not have" specific documentation pertinent to my case/coverage. My employer selected the LTD company, but I paid the premiums. Wouldn't there be SOMETHING in writing that includes the specifics of the policy? I keep getting told no such document exists because the policy is between my employer and the LTD, therefore there is nothing "specific" to ME as a person. And that any information held within the policy is private and would not be anything I could view, even pieces of.

So basically they, the LTD company, wants money, ALL of the money, including what was paid to my child, and they have no documentation to provide to me to show anything they're asking for is legitimately due to them.

Help?


Disability Benefits: Repaying Ltd After SSDI Lump Sum Payment with No Documentation

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