Private Disability Insurance, Social Security and Erisa

[Guest guest]

In doing some reading of case law I'm seeing that private disability companies

that fall under ERISA can't make claimant's pay back awards if they get Social

Security.

I used my Social Security back pay to pay medical expenses for me and my kids.

There is no pot of money.

Anyone know anything about this kind of thing?

The disability company ignored my medical records and wrongly classified my case

as a mental or nervous disorder when they had tons of records showing Fibro/CFS,

lyme, and many other auto immune diseases documented by specialists who have

seen me ongoing.

I don't get the private disability anymore because they capped it at two years

when they wrongly classified it.

Thanks to these horrible diseases, I have nothing for the insurance company to

take. My house has no equity, my two family vehicles are worth nothing with over

100,000 miles on them, I have no retirement, there is nothing except for them to

take my current monthly social security.

Please share your experience if you've dealt with this.

Also, this disability company sent me another claimant's disability claim info

when I asked them for mine! Her social security number, contact info, pay,

medical conditions, etc. Sent it all to me!

Then they scheduled me for an independent medical evaluation with my own

neurologist!

If you belong to other related groups that aren't posted as recipients of this

email, would you please copy and paste this email and send it to the other

groups? I'm trying to reach as many others who have dealt with this or who are

dealing with this.

I would love to see a Class Action against these companies for forcing people to

sign away SS benefits under duress and for taking Social Security

money. That is just wrong.

If you have private insurance and you get 60 percent of your salary and then SS

awards you disability, you're still getting far less than you would if you were

well and could work.

Hope to hear about your experiences,

Thanks, Lori

[Guest guest]

Lori,

My LTD is coming to the 24 month mark.

Mine paid for my SSDI attorney. Look in your documents. You probably signed a

document agreeing to let them have their portion of back pay or they wouldn't

have paid you.

At the very least, if they did direct deposit, change banks, preferably to a

credit union.

Second, if you signed the document, they could get a judgement and put a lien on

the house. It will go up in value some day. You could file bankruptcy,

excluding the house, naming them before they have a chance to pursue the

judgement.

Mine can continue past the 24 months, if I am able to work and I can keep the

60% for another year. At the moment they want me re-declared disabled when I've

had to be with my 76 year old dad in another state and get new doctors close by.

If I can't work, I get 60% of any job.

Ellen

> Lori wrote:

> In doing some reading of case law I'm seeing that private disability companies

that fall under ERISA can't make claimant's pay back awards if they get Social

Security.

> I used my Social Security back pay to pay medical expenses for me and my kids.

There is no pot of money.

> Anyone know anything about this kind of thing?

[Guest guest]

I would consult a lawyer who specializes in social security and workman's comp.

They will have experience with private disability. Almost all lawyers now do

consultations for free. The lawyer will know the laws that apply for your

situation and state.

Hope you can get this resolved quickly. A letter from a lawyer may be enough.

Gentle hugs, Tami

> Lori wrote:

> In doing some reading of case law I'm seeing that private disability companies

that fall under ERISA can't make claimant's pay back awards if they get Social

Security.

[Guest guest]

I had to hire an attorney. He was awesome and let me make monthly payments which

were postponed till I started getting checks from the company disability

program, I would not have gotten them without him,

They are covered under Employee Retirement Income Security Act and have no

penalties for turning you down 100's of times or just dragging their feet! My

disability from work only lasted for 6 months as I was lucky enough to get

qualified for disability on 6 months on 1st try.

I used an online firm that was awesome. Only problem for me is that then you

have a 24 month wait for medicare if you are under 65 and I had no back months

pay since I qualified on day one. I paid cobra for 11 months and then it went up

500%. I have been without insurance for 13 months and just got my medicare now.

Going to doctor and get some meds Friday! Hallelujah.

Next problem with scenario is that if you are under 65 you only qualify for one

type of supplemental plan and my doctor does not take the advantage plans, so it

seems the hoops never go away. And of course, the insurance will change in

January and I don't know which one to be on since I do not know what medications

he will prescribe. Like doing things handcuffed.

Just start with an attorney. I just had to go with yellow pages and make calls,

One company which actually handles the side of your employer actually referred

me to the one I ended up using. So be aware that some firms are not there for

you.

Cyrilla

[Guest guest]

Already have one waiting in the wings.

Ellen

> Cyrilla wrote:

> Just start with an attorney.

[Guest guest]

> Ellen wrote:

> Mine can continue past the 24 months, if I am able to work and I can keep the

60% for another year. At the moment they want me re-declared disabled when I've

had to be with my 76 year old dad in another state and get new doctors close by.

>> Lori wrote:

>> In doing some reading of case law I'm seeing that private disability

companies that fall under ERISA can't make claimant's pay back awards if they

get Social Security.

All:

You have a adjuster or claim manager who manages your account and I would call

them and I also e-mail mine with questions as I have the answers in writing. I

was not vested in my Teachers Retirement Account and when I was told I could not

work anymore without warning, I took a lump sum and they are deducting that

amount from my claim amount monthly and it was paid back this month and I will

get 150 more.

The LTD I have requires I report any increases in income in social security and

they both deduct " asset resources " from my Social Security. I have never heard

this.

I have 70 per cent of my salary and they deduct my Social Security check amount

from that and that is what I get. I have to have the Doctor update my condition

yearly and I just sent the form in and my claims continue indefinitely since I

am declared permanently.

I find it odd that LTD (long term disability) requires me to report income and

subtracts that amount but does not deduct my military retirement and Social

Security does not either so next August I will have 1400 more and that will

help. I hope I last that long : ) Bennie

[Guest guest]

> Cyrilla wrote:

> I had to hire an attorney. He was awesome and let me make monthly payments

which were postponed till I started getting checks from the company disability

program, I would not have gotten them without him,

Hi Cyrilla,

I am glad to hear from you and that you are getting Medicare. I hope that you

the get the full benefits you deserve. I am so glad you posted. Hugs your way.

My long term disability company gave me fits but I answered every objectives and

once I was qualified they did not give me any more problems.

Bennie