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LTD benefits, STD benefits, SSDI back pay

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MMD2229

Junior Member
What is the name of your state (only U.S. law)? OK
I have a friend that went through a minor colonoscopy precedure and was given Versed, he woke up during the procedure and the doctor administered more Versed, then his B/P skyrocketed, then he was given demerol and valium to bring it down but in the process he was left with long term and short term memory loss, due to a stroke. He had to file for SSD, his company in which he worked for 12 yrs. placed him on STD,(which was paid for by him, right out of his paychecks) then, when he did not get any better but only worse they put him on LTD, provided by his company Group Policy. One day the INS CO, to which provided their LTD Group Policy called him and told him that they deal with another company that would help to set him up for SSDI. This company was free to him through the LTD INS. CO.
Well, he did receive his SSDI after so many months. Once, he received SSDI his backpay was $16,398.00. His AWARD LETTER from SSA, stated that it was $10,942.00 and it was direct deposited into his checking account. I did read the letter and added up the months they awarded him and knew something was not correct, but I am just a friend so I was unable to step in on any of this, but I did mention it to him.
One day the SSA called and told him that they needed to send his EX Wife paper work to fill out (she has full custody) for his 17 yr. old son. When talking with this person she said Oh, my, somthing is wrong ... your attorney took to much money out of your backpay, which is when he found out his backpay was $16,398.00, instead of the $10, 942.00. He told her that he did not have an attorney, and she told him the name of the person, on behalf of the LTD INS. Co. was who took the money. They took $5,456.00. Then, the same day he checked his checking account and they had gone into his checking and took out another $6,614.53.
So he called both companies, first the LTD INS. CO and they told him that they did take the $6,614.53 to pay back the LTD that they had paid him, but did not know anything about the other $5,456.00, so he called the "FREE" company hired and paid for by his LTD INS. Co. because the lady that worked there was the name of the person, according to SSA that took the $5,456.00 out before he got his back pay. She stated that she did not take that money and she had no idea who did and again told him that they were paid by his LTD INS. CO.
We went to his bank and the bank told us this is called double dipping and that they could recall the $6,614.53 from his LTD INS. Co. if he wanted them to.
NOW, we are talking about a person that is mentally not able to make a great deal of decisions on their own any longer, gets confused, and cannot remember from one day to the next very easy, if at all, but I have monitored a great deal of his paper work BUT now I told him to record everything and that way he can go back to listen to conversations. Well, now what should he do?
I told him we should go to our local SSA office and get a print out of who and when, and how much was taken at the first. Then, have his bank recall the money from the LTD INS. CO. deduct the amount he owed them from the $5,456.00 and send them a Cashiers check for the difference, by certified, signature requested mail. That way we know they did get the back pay they say he owes them. BUT, he is totally confused and says he is afraid to do that. He did call a SS attorney here in town, actually a couple and they will not take his case because they were not hired at the beginning of filing for SSDI.
My question is....what type of attorney should we call and is the bank correct when they say the LDT INS. CO. is doing this double dipping? He really cannot pay an attorney much at this time since he hasn't even gotten his first check, plus his 17 yr. old son, never got anything from the INS. CO. before he was approved so they cannot claim the money went for him. We are at a loss and do not know which way to go with this. Since both companies deny taking the money, but SSA gives us a name of a person he has spoken with in the past while processing his paper work for SSDI and the company that was "FREE", paid by the LTD INS. CO. not by him. He does have paper work to back up that statement, they were free to him and no money would be taken from him to pay them! JUST hope someone can give us some idea of where to start. That is a lot of money to have gone some place to some one. Since he was not on LDT the whole time he should have gotten at least that much back himself. Oh, and he ask them to fax or mail him a complete list of money was for what and why and they did, but there is no mention of the $5,456.00 any place. Thanks in advance for any advice on this.What is the name of your state (only U.S. law)?
 


BL

Senior Member
This Free place and the person that did the so called free or paid by LTD , wasn't so free it sounds .

He didn't have an attorney , but there are Client's representatives that process the client's claim and are entitled and paid the same as an Attorney would be .

SSA should have that info .

If SSA overpaid that representative , SSA should contact them for reimbursement .

Instead of phone calls ,etc . You possibly could take him down to the local SSA office to get it straightened out .

Why hasn't he seen a personal injury attorney for what happened at the Hosp. if this is permanent ?
 

MMD2229

Junior Member
I believe you are exactly correct about this matter.
Until I got involved there wasn't anyone helping him. In the morning we are going to SSA and get a print out from them or hope they will give us one. I believe SSA won't have a problem giving him a print out of where his back pay went. I just didn't know for sure if SSA would do anything further or try to get any money back if someone was over paid. I figured we would have to try to get it or try to hire an attorney. Hopefully we will find out some truth to it all. Since both parties stated that they did not take the money from SSA.
The paper from his LTD Ins. Co. does state that they take care of everything even the payment to the "Free" company for filing his SSDI, and it does not cost him anything. The only thing that he would be liable for is to pay back what LTD Ins. Co. had paid him. Which they sent him a break down of his payments and the amount and it was exactly what they took out of his bank account. OH, and he would be liable for paying the taxes on it. That got me to thinking too, why do you pay taxes on something you got but turned right around and paid it back? His LTD was all in the same year. They even sent him a check this month for $100.00 and told him he is due LTD until Sept. '09. I told him to just hang on to that check and not to cash it or deposit it until we figure out what is going on.
Although, I was always taught that if someone says it is free there is a catch some where.
He has written for his records from the doctor and the out patient clinic where he had the proceedure done, but so far nothing. I will call them tomorrow also and see if I can take him there to pick them up. He did have enough sense about him to call an attorney about it, but the attorney said that when things happen like this they tend to be covered up or not reported on the medical records and he would be surprised to see if this was even on his report when and if he got it. Also, the doctor that did the colonoscopy has now moved and he had his own crew since it was in a clinic and not a hospital. The attorney stated that it would be very difficult to cover something like that up if it was done in a hospital, but he has seen it done in hospitals too.
Yes, it is permanent. That is why he had to go on STD and then on to LTD. I do believe that some people take advantage of a situation when they know the person is impaired like he is. NOT all but there are some. Plus they knew he didn't have anyone at the time to help him. BTW, thank you for your reply you certainly gave me some things to go on and some things to really think about.
 

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