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Employee Disability Insurance

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L

Little Auggie

Guest
What is the name of your state? New York

If an employee purchases a long term disability insuracne policy from a New York employer.
and later that employee becomes disabled and it is a long term
disabilty and said employee has to file for Social Security,
Does the company have the right to demand the retro active back check from Social Security in REPAYMENT for the disability payments made before Social Security was won????
 


Bigfoot

Member
It's possible that the payments rewarded can be used during the waiting period in place for the SS payments, however, you likely won't receive benefits from both sources during the same time. I can't answer your question directly because it could be a legal issue and involve info that has not yet been shared.
 
L

Little Auggie

Guest
Ok let me try and put this a little clearer if I can.

NO payments were received from BOTH at the same time.

I became disable while working for a company in NYC.
I had a disability Insurance plan with my company.
it turned out my disability was going to be long term.
The insurance company paid me long term disability
while I was waiting on the Social Security to come through.
I understood that the Insurance company would cut my payment from THEM, by the amount I got from SS. so that the total I would receive each month would not be over 60% of my original salury.
this was done. that I am not talking about.
What I am talking about is as it took me almost two years to win the SS disability, I received a check for back payment from SS.
Now from what I was told there was a law passed sometime in the early 70's, where this back CHECK was payable to NO ONE. I think the law was passed some time in late 1972. (around October or Novemeber)
Well anyway the company demanded that I give them this back check. NOT my monthly check only the bulk check.
When I told them that I had already used the check (it took them a couple of months to demand this check) to pay off back medical bills and other stuff.
they said no problem, they just stopped my MONTHLY check till all of the amount was paid back. a little over $6,000. I told them that this was illegal but they did it anyway, it took me around 14 months to get my monthly checks started again. by the time this had happed, more than the origianl $6.000 had been held up, and some of the original people were no longer with the company in the benifit department. The person that restarted my monthly checks, told me that he did not understand WHY the checks had been stopped in the first place.
that there was a law passed that said the retro action payments from SS, were payable to NO ONE> and to give him a couple of months and he would see about getting the money owed to me, paid back.
I waited about 3 months and hearing nothing from him I called the company. ONLY to find that thie man was now no longer with the company.
What I'm asking is does any one know where I can find a copy of this law that was passed. or does anyone know exactly HOW it is worded?
I know there has to be something to it, because other people have posted things about this same law, only no one knows where to find it. I have check the SS site and it is not listed there.
I'm sorry for such a long post, but I do need help as I am STILL trying to get the money re tured to me.
OH and there was NO workmen's comp involved in this matter.
thank you.
 

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