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  1. #1
    Join Date
    Jun 2007
    Posts
    22

    Default Asked to Repay Short-Term Disability

    has anyone received short term disability from a company then asked to pay it all back?????? i have been turned over to a collection agency for 5,000 dollars. they state my company paid the disabilitypayments and when i received my ssdi settlement they were to be paid back. I was never told of this. i offered to pay 25 dollars a month but was told the company would not accept that. wat can i do????? i think its bs cuz the company is the one that screwed me up for life then never told me i would have to pay the money back. any suggestions???? thanks

  2. #2
    Join Date
    Apr 2007
    Location
    cincinnati,ohio
    Posts
    765

    Default Re: Screwed

    Quote Quoting cat View Post
    has anyone received short term disability from a company then asked to pay it all back?????? i have been turned over to a collection agency for 5,000 dollars. they state my company paid the disabilitypayments and when i received my ssdi settlement they were to be paid back. I was never told of this. i offered to pay 25 dollars a month but was told the company would not accept that. wat can i do????? i think its bs cuz the company is the one that screwed me up for life then never told me i would have to pay the money back. any suggestions???? thanks
    now this takes the cake. never heard of this before, do not know what to say, other get a attorney. good luck.

  3. #3
    Join Date
    Mar 2007
    Posts
    122

    Default Re: Screwed

    You have 30 days to disagree with it and make copies and send it witth return receipt.
    will slow it down, write the collection people. etc
    Whatever~~~~~~~~~~

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Screwed

    they state my company paid the disabilitypayments and when i received my ssdi settlement they were to be paid back. I was never told of this.
    There are a couple of things you're going to have to do here to determing what you are going to have to do...(make sense so far?)....

    ONE... go to the STD policy and see IF there is a clause that prevents your being paid benefits while you are receiving WC TTD/TPD at the same time. Most STD/LTD policy's do NOT pay benefits for a work related injury/illness.
    IF they pay at the same time, ONE or the other IC is going to take a credit...in most states you/IW's can receive TTD benefits capped at 2/3's of your AWW (average wage) at the time of injury.
    Even if the STD IC didn't care you were receiving TTD/WC, the WC laws provide for the max on your wage replacement amounts...WC would take the credit.
    But...you cannot receive both benefits for the same period...especially if you were to 'make money' by receiving both...that would be ''double dipping'' and is wrong.

    TWO...Go to your calendar and check to see IF you were paid SSDI benefits and STD for the same period/days...here again you cannot receive both benefits for the same period. IF the STD policy pays 'willfully' in benefits... SSA will take an offset to the SSDI benefits... you are only entitled to 80% of your gross earnings at the time of your injury. (at your DOI because this is usually your highest earnings period)
    You must notify SSA of the time periods you received STD/TPD/PD benefits.

    THREE...get ready to fork over some money to one of the parties you received benefits from.
    i think its bs cuz the company is the one that screwed me up for life then never told me i would have to pay the money back.
    Unfortunately, that doesn't matter... WC is a 'no fault' system...it's not your fault you got hurt...and it's not the ER's fault either. The ER must provide the WC benefits/treatment, and you agree not to sue them.

    When you have a insurance policy that provides STD/LTD benefits, no one has to 'tell you' what it does or doesn't cover...it's written in the policy, and you should have been given a copy when you began receiving the STD benefits.
    You should also know that it depends on WHO paid the premiums for the STD policy, because...that money could be taxable to you come the end of the year.

  5. #5
    Join Date
    Oct 2006
    Posts
    294

    Default Re: Screwed

    Quote Quoting cat View Post
    has anyone received short term disability from a company then asked to pay it all back?????? i have been turned over to a collection agency for 5,000 dollars. they state my company paid the disabilitypayments and when i received my ssdi settlement they were to be paid back. I was never told of this. i offered to pay 25 dollars a month but was told the company would not accept that. wat can i do????? i think its bs cuz the company is the one that screwed me up for life then never told me i would have to pay the money back. any suggestions???? thanks

    Just remember they can't get Blood from a Carrot.. If you have Nothing (Which includs most of us on WC) They can get exactly that. Mine turned me in for $29,000. Went to court and since I only have PPD and SSDI they can't touch either. They can huff and Puff but if you have no assets, they have no recovery.

  6. #6
    Join Date
    Jun 2007
    Posts
    22

    Default Re: Asked to Repay Short-Term Disability

    thanks for the replys...I was never double dipping hell, it was hard enough to get anything let alone 2 checks!!! I didn't receive any paper work about this. all i know i was mmi and w/c cut off and was notified i cud receive short term disability while i was waiting to see if i was approved for ssdi. I had to file bankrupsty after putting it off as long as i cud. I have been on ssdi since 2006 so i think i got the company disability in 2005. My company was self insured and all this has been a mess from the get go. took 1 year to get surgery then had to wait and fight 2 years for the next. now left with the problems of being put off so long also add RA to the list which cant be proven but i believe it was due to the injuries and stress. I told collector if i owed i'd pay but he said they wouldn't accept a small amount. I told him to tell them i will go to court, , like the last comment what can they really get from me????? I own nothing, credit shot, broken body. thanks again

  7. #7
    Join Date
    May 2008
    Posts
    237

    Default Re: Asked to Repay Short-Term Disability

    Hi-In pa you do have to pay it back after and if you win your w/c case.
    the employer's insurance company had me sign something before they approved me, saying that if w/c pays me back pay, then I would have to pay back the std.....my lawyer said that if and when that day comes, he will request that w/c pays it.......

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Asked to Repay Short-Term Disability

    Went to court and since I only have PPD and SSDI they can't touch either. They can huff and Puff but if you have no assets, they have no recovery.
    Part of that is true..your SSA/SSDI cannot be 'attached', the checks/auto deposit will continue to come to you...
    BUT...when you deposit to a bank account, checking/savings...the bank account CAN be attached...and since the funds are 'co-mingled', in that you cannot determine which money is which, SSDI/TTD/ your spouse earnings etc...a creditor can grab that money by attachment of the account through a court order.

    Be careful of those collection companies...if you have haven't filed a BK within the last 7 to 10 years, a collector/debtor can put you in 'involuntary bankruptcy' w/o your knowledge, at least until you receive notice to appear at the BK court.

  9. #9
    Join Date
    Jun 2007
    Posts
    22

    Default Re: Asked to Repay Short-Term Disability

    can they refuse to accept payments? they want me to pay over 200.00 a month but i barely am able to pay my regular bills now. as i said before if i owe i will pay BUT i am not able to pay what they want. the collector even suggested i pay a lower lump sum like 4,000. they suggested i borrow money from someone, any of you on comp will understand that isn't possible after years of trying to survive and tapping out family and friends.

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Asked to Repay Short-Term Disability

    they state my company paid the disabilitypayments and when i received my ssdi settlement they were to be paid back.
    I've re-read this post, and I'm not so sure the STD IC is in the position to demand reimbursement for this...

    IF the money you received was 'wage replacement' FROM the WC IC, the STD carrier would have a cause for the claim, as WC monies are for '' wage loss''...while you are TTD.

    SSA/SSDI benefits are NOT ''wage loss'' and should not be subject to the IC clause that precludes benefit being paid for STD where WC is liable.
    As I said before, you can't get both 'disability/TTD/STD' benefits at the same time BUT, SSDI is not the same as TTD/STD/LTD.
    IF there were to be an offset taken, IT WOULD BE SSA to take the deduction from your check from them.
    (I hope I've stated that clearly...)
    So, IF you received TTD from WC for that period, you may owe the money back, BUT as this was SSA/SSDI money, and NOT wage replacement, I don't believe the STD carrier is in line to be reimbursed...(make sense..?)


    The following may or may not pertain here...
    any of you on comp will understand that isn't possible after years of trying to survive and tapping out family and friends
    Of course that's understanable... and IF you had known about this you would no doubt not cashed those checks knowing what the outcome would be.

    There is nothing that states hard and fast that you cannot negotiate with the IC how the money is reimbursed...whoever you are talking to is just being hard nosed.
    You've made your 'reasonable offer', there is no reason you should have to borrow money and incur additional cost ..the interest on that loan.
    Not to mention the affect on your credit report.

    Make your offer, in writing, with terms you feel you can live with... even include a promissory note if you feel the need... (though don't include any discussion of interest payments or additional monies)
    Send this to the person you are talking with...and leave it to them.
    IF they were to take this to small claims court, which probably would be the venue... you would have the good faith effort, in writing you could present to a judge that shows you are making the effort to negotiate a 'fair' resolution to the problem.

    Don't let these people intimidate you... in fact, this is a collection agency...IF you inform the caller that s/he is to no longer contact you except in writing/mail, they aren't allowed to call/phone you again.

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