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2 full time jobs with disability insurance

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H

hacke4

Guest
What is the name of your state? Indiana
Hello--I was working 2 full time jobs (each having short term disability insurance through the employer). My cardiologist put me on sedentary duty, one of my jobs was able to put me on a sedentary job but the other job said they did not have a sedentary job for me to do, I am a nurse and I even offered to work in medical records or anywhere so that I did not have to be off work. I went ahead and applied and received short term disability payments from the one that could not give me a sedentary job, now it seems that this employer (that could not compensate for my sedentary job) has reported me to the insurance company for working and I have not heard what the decision will be or as to what will happen. I am worried though because I do not want to be in trouble with the insurance companies or my employers.
What kind of lawyer would I need to talk to? Should I contact the state insurance commissioner?
Thanks-Hacke4
 


Beth3

Senior Member
What kind of lawyer would I need to talk to? This isn't a terribly complicated issue from a legal perspective. Any "general practitioner" attorney could likely assist you. If you want a specialist consult with an employment law attorney. I don't know that you need legal counsel just yet however.

Should I contact the state insurance commissioner? To tell them you didn't intend to commit a fraud? What would you think if someone called you up out of the blue to claim they didn't engage in misconduct or a crime? I don't see that drawing attention to yourself at this point gains you any bonus points nor would the Insurance Commission have any involvement at present.

Whether or not you're going to have problems depends on a lot of facts we don't have access to, such as whether you should have reported the other job and income you were receiving, whether the disability plan paying you benefits had provisions for "integration" with any other source of income, etc.

From all outward appearances, it certainly does look problematic that you were claiming a disability benefit from one employer while working full-time for another. Whether you actually have a problem depends on the fine print in the disability plan.

I really don't see any options but for you to wait and see what happens.
 
J

jnew

Guest
I respectfully disagree with the other "counsel" you received. Disability insurance is a highly specialized field of law, with many subtleties attendant to the claims. You raise a rather unique situation. I am confident that the claim forms ask questions about activities and perhaps whether you are working anywhere.
I also imagine that there are fraud provisions in the governing contract and the claim forms. You would be wise to seek guidance and counsel from a specialist. Try googling for "disability attorney" and see what you find.

Good luck,
 

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