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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114044
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have worked 29 years same company.have paid short & term

Customer Question

I have worked 29 years for the same company.have paid for my short & long term ins. all these years. I had to go on disability on Aug 31st 2014, at that time I was being paid $1,097.00 every two weeks, at the end of Nov.2014, my ins. stop paying me. My dr. had not wanted me to go back to work, but by Jan I had no choice but to go back to work. I called my ins on Jan.5 ,2015 to tell them I was back to work. That when I was ask did I want to appeal my no pay for the past 5 weeks. After about 3 to 4 weeks later I won my appeal. Had I known sooner I would not have gone back to work at that time because I was really not able. On March 4th, 2015 I had to go back out of work again because I was not able to do my job, and my pain had now got worse. But when I went back on disability they changed my pay to $725.00 every two weeks. Now I am starting my long term ins. and they are basing my pay to include 4 months of no pay and that brings my average even lower. And disability only pays 1/2 of my salary to begin with. So they are going to subtract my Social Security check of $1,578.00 from my $1,601.00, to bring my payment down to $23.00, but my company will pay me $50.00 a month. Shouldn't they have to pay me half of my yearly salary based on 12 months of working income.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that they legally can deduct social security from what the insurance is supposed to pay because it appears your policy is not a "supplemental policy." If it is not a supplemental policy, they are correct in deducting your SS payments.

Now, as far as them lowering your payment, you need to review the contract and if they are not paying you in accordance with the terms of the policy itself, with the deduction for SS of course, then you need to send a letter to the insurer demanding they correct that payment and tell them if they refuse you will be suing for breach of contract and also for bad faith and seek punitive damages from them. If they refuse to make the correction, you need to get a local attorney to represent you and pursue them in court.

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