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disability benefit and benefit calculation...

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pooh1965

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What is the name of your state? az.. received appeal approval award jan 2004 for short term disability benefits. std began aug 2001, received 18 days benefits before they terminated my claim. std benefit period per spd is 6 months through the original disability insurance company, however the x employer states their disability plan only covers for 125 days, minus the 18 i was already paid, equalling 107 days they will pay. the original benefit for 18 days was 1559.00=86.61/day.. should the x employer now pay a benefit of 107x 86.61=9267 ?? i appealed the original disability ins co and was denied, exhausting my appeals through them. i then appealed through my x employers benefit dept. they are the ones that approved my most recent appeal in january. it is now three months later, and i still have not received my benefit check. 2 weeks ago the benefit dept called and advised me the check had been sent, and to wait aprox. 7-10 days. i still have not received the check. i called the benefit dept today, and now they advise me that the wrong company accounting dept was handling my claim, and it is now being turned over to yet another different company accounting dept, and i have to wait to hear from them regarding the implementation of the check. is there a legal time limit in which a benefit check must be issued? i have waited over 90 days, for a benefit that "should" have been honestly issued back in 2001. after being juggled between all types of different depts, lied to, statements that "detail letters" have been sent, but not received, and now having to start the process all over again, is this legal? i filed a DOL-EBSA complaint back in feb 2004, of which the agent took my info and did a three way call with my x employers benefit dept and took a report, however, everytime i call, i have to leave a message, which i do, and have not received a call back. that was two months ago. what other steps can i take (ERISA , and cannot find an ERISA atty in my area). also, they advised me of the benefit amount that they "sent" in march 2004 (which they didnt). I dispute the amount, as it is several thousand dollars less, after taxes. can i write on the back of the check "without prejudice" and cash it ? (that is, if i ever RECEIVE the check!!) thank you for any suggestions you can offer...
 



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