Overpayment of Long Term Disability Benefits and that Call from the Carrier Asking for the Money Back
Did you know that long term disability policies do have clauses in the policy that provide that if you have been “over paid” benefits, you owe the money back. However, some courts hold that as a matter of law, the carrier can’t be entitled to reimbursement because of these “equitable relief”. Unfortunately, there is no uniformity in the law in the United States on this issue. If you are a long term disability policy holder whose being dumped by the long term disability carrier for an alleged over payment, you need the services of a long term disability overpayment attorney such as Nancy Cavey, who can explain to you that the law that is applicable in your case.
For example, in the 11th Circuit, the court has issued a case in Hermann vs. Metropolitan Life (Lexus 209 U.S. District Lexus 124917) that holds that MetLife’s counter claim for funds received by the Social Security Act are “protected from executing levy and attachment”.
The court has held that carriers, like MetLife, must identify intact forms in the possession of the plaintiff. If you don’t have the benefits, you may not have to pay any overpayment back. If you are a MetLife or CIGNA disability policy holder and your carrier has been allegedly over paid, contact overpaid long term disability attorney Nancy Cavey for assistance.