HOW DO I FIGHT THE LONG-TERM DISABILTY CARRIER WITHOUT PAYING THE OVERPAYMENT BACK?
It depends on the terms of your policy! Many long-term disability carriers do provide that they have the right to reduce your benefits by the receipt of
“other income”. ERISA disability attorney Nancy Cavey suggests that you first get out your long-term disability policy and review the terms of your policy to see whether or not there is a provision that allows for reduction of your benefits by the receipt of “other income”. Secondly, you should review the “other income” terms carefully to make sure that whatever benefits you might be receiving are in fact benefits that the carrier is legally entitled to offset.
Further, you should demand an explanation from the carrier that explains why they believe they have the right to offset your benefits and how they go about calculating any offset.
Don’t ever sign a reimbursement agreement that allows money to be electronically withdrawn from your savings or checking account. You deserve and should demand an explanation of any alleged overpayment before you agree to any repayment.
If your long-term disability benefits have been delayed or denied, private disability and ERISA disability attorney Nancy Cavey can help you cut through the red tape and fight for your benefits no matter where you live in the United States.