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Old 09-12-2008, 12:49 PM
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Join Date: Sep 2008
Posts: 1

Can employer take money out of my checking account???


What is the name of your state (only U.S. law)? Ohio

I was on short term disability and the std insurance company decided to end my claim due to insufficient medical evidence to continue to support my claim. Doesn't matter that I am in too much pain to do anything even at home. I have MS, (just diagnosed) Fibromyalgia, Chronic Fatigue and a vitamin d deficiency, along with bursitis in both rotator cuffs bilaterally. None of that appears to matter because testing and mri's aren't showing anything to explain my bilateral shoulder pain. This has been going on for 5 months now, and it's frustrating for me too. I am going to appeal since I am still receiving therapy and just received the Fibromyalgia diagnosis. Their denial letter states I have 180 days to file an appeal.

My concern is, can my employer go into my checking account and take money out??? I would think they'd have to wait til the appeal was over with to see what the outcome is before doing that, but I am not sure. If they CAN take money out, what if I only have $400 in there and they think I owe them $3000??? Can they wipe me out??? I have a couple things on auto pay such as car insurance, so, I am concerned.

Reason I am concerned is a coworker told me they did this to her without a letter or warning, just took 80 hrs of pay out of her checking account that she was overpaid due to short term denying her claim and she was out during that 2 weeks.

I was out during several weeks after I finally got their denial letter. I got the letter on August 12th that they were only approving me through July 10th. Well, I was still unable to work and my dr's letter stated for me to be out through September. I still had testing being done as well and I was obviously hoping that during this time sufficent medical evidence would come about that would be substantial enough for them so that I can appeal. I went to my dr and asked to get a return to work note for Sep 10th and he gave me that note with restrictions as I really can't do anything still even at home. My employer doesn't really know what to do with me because of the restrictions, but I can't afford to keep staying out hoping my diagnosis will be enough for the short term dis insurance to approve my claim.

So, I still have appts set up, I am in water therapy as I am unable to do land physical therapy, and I just had the diagnosis of Fibromyalgia on top of everything else, and am hoping that with a few more visits to my MS doctor and now Fibro dr, I will have some documents to make my appeal with and hopefully, I will win.

Can my employer take the money out of my account? Can they withhold my pay til $3000 is reached? This is really scaring me, because I would lose my house, my car and be in default of payments on my credit cards if they can. I want to think they would wait until after my appeal was finalized and a decision by the insurance company made final before they would attempt to get money back that they might be paying me back in the first place if I am able to prove my case and win.

Please, any info is much appreciated! Hope I explained it clearly enough, but I will be more specific if need be. Thank you for any advice.What is the name of your state (only U.S. law)?
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