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Attorney Arcadier
Attorney Arcadier, Attorney
Category: Business Law
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Experience:  Contract questions and Incorporation questions answered.
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I became disabled in November 2007. I had short term & long

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I became disabled in November 2007. I had short term & long term disability insurance through my employer. Short term Disability ended in April 2008. Long term disabilty was supposed to begin at that point, but the insurance company reviewed the case several times and it took three months before it was granted. I had no income and became homeless and depressed.
In August 2008 I was granted Soc. Sec. disablity benefits and in October 2008 and was able to afford an apartment. In October 2008, I was offered and recieved recieved a retroactive check from the Public Employee retirement group I was a member of and used the money to repay bills I accrued while homeless and repurchase items I lost due to to loss of income and homelessness. In April 2009, the Insurance company demanded repayment of 7,728 for overpayment due to the retroactive Public Employee benefit. My argument is that I would not have needed the retroactive check had the Long Term Disability been approved in a timely manner and that the Insurance company acted in bad faith as it appears they only began to review my case when my short term disablity was about to end which caused a three month delay in starting long term disabilty which caused me undue stress and hardship.

Attorney Arcadier : Legally they are right. You would have to appeal that repayment determination by citing to their own negligence for the cause of the overpayment. So, yes, the can ask for money back and you can defend it. This is called an affirmative defense.

ok, well.. that's what I thought. I have been sent to a collection agency for 9000 now. Any chance that can be reduced? I haven't recieved any LTD payments since the overpayment.


wait, I'm not sure I understand... do I actually have any leg to stand on as far as the overpayment?

Attorney Arcadier : yes... 40-50 percent reduction is customary....
Attorney Arcadier : A leg to stand on, yes... thats your defense.
Attorney Arcadier : You need to appeal the determination

I'm not getting what my defense would be... what is affirmative defense?

Attorney Arcadier : Its just cause for you accepting the overpayment. It is a defense. Your defense is that the overpayment was caused by the insurance's own negligence which was a contributing factor to damages you sustained.

ok, would it be cheaper to just pay the overpayment or to obtain counsel and fight this? Or is there damages that could be applied?


Ok, I can go from here. Thanks very much!

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