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)?
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)?