Overpayment of Long Term Disability Benefits and that Call from the Carrier Asking for the Money Back

Overpayment of Long Term Disability BenefitsDid 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. Use the contact button to contact us today to help with your claim.

The Dirty Little Secret about Long Term Disability Interviews

Dirty Little Secrets about Long Term DisabilityNancy Cavey, who has written a go to guide on surveillance and completing Activity of Daily Living Forms, knows that there is a dirty little secret about long term disability carriers’ interviews. If for example, you’ve undergone surgery you most likely get these kind of questions:

  1. How is your recovery coming?
  2. What are your current restrictions and limitations?
  3. What are your current symptoms?
  4. What is your current course of treatment?
  5. Does this include a return to work? If not, why not?
  6. How often do you meet with your physicians?
  7. Have you started any physical therapy?
  8. Are you taking any medication? If so, what is the name, dosage and any side effects?
  9. Where do you fill the prescriptions?

10.  If the claimant is operating a business, ask questions about whether the business is still in operation.

11.  If you have partner, ask questions about the partnership.

12.  Ask questions about how often he goes to the place of business.

13.  Ask whether there are any barriers for a return to work?

14.  Comment on the “insured handles himself” during the interview.

You can be assured that the long term disability carrier is going to check to see if the medication is being filled, they’ll check the business license and they’ll probably put surveillance on the claimant as he goes to work. If a long term disability carrier is scheduling your statement you should be represented, don’t be foolish and set yourself up for a claims denial.

CIGNA’s Games with Short and Long Term Disability Claims

At Cavey and Barrett we have seen a disturbing trend where carriers, like CIGNA deny short term disability claims just prior to the policy holder becoming eligible for LTD benefits, why? Carriers, like CIGNA, will never pay long term disability benefits if the short term disability claim is denied. Unfortunately, if your long term disability lawyer files a long term disability claim, the courts will most likely dismiss the claim for “failure to exhaust”.

At Cavey and Barrett, we’ve taken to filing a long term disability claim and, after we receive a denial from a carrier like CIGNA, we then file a law suit seeking the payment of both short term and long term disability benefits.

Carriers, like CIGNA, play the “game of exhaustion” in attempt to exhaust the policyholders from getting the short and long term disability benefits that they paid for.

If your CIGNA short term disability claim has been denied contact short term disability claim denied attorney Nancy Cavey who can help you with your CIGNA claims denial

Disability Claim’s Denied Video Surveillance | Don’t Let This Happen To You

Claim Denied from Insurance Company SurveillanceVideo surveillance, under the right circumstances can provide an overwhelming reason for the Long Term Disability carrier to deny your Long Term Disability claim. It can also capture a mere snapshot in your life and fail to reveal the complete picture of your disability. Surveillance may show you at a family gathering but not show the resulting excruciating pain and misery you suffer.

If you claim that you have difficulties with walking, bending, carrying, and lifting, you are most certainly going to be the subject of surveillance.

Make sure that what you are recording on your Activities of Daily Living form is consistent with what you are telling your physician.

As I have emphasized in the past, if the Long Term Disability carrier calls to take your statement on the surveillance film on you, you should never give your statement without representation. If you suspect that you have been the subject of surveillance or the Long Term Disability carrier schedules a telephone conference or meeting with you, contact Long Term Disability benefits denied lawyer, Nancy Cavey.

Ms. Cavey, Florida’s Long Term Disability attorney has written the guide Robbed of Your Peace of Mind” in order to help better prepare you for your Long Term Disability claims process. Be sure to get it today before you make a mistake that could caught on tape.

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