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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20227
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was drawing workmans comp and short term and long term disability

Customer Question

I was drawing workmans comp and short term and long term disability through my employer. When I was released by workmans comp I was unable to return to my prior job of truck driving due to other health issues. I then applied for Social Security disability. Most of my health issues improved slightly and I then took another job but wasn't physically able to perform the duties and had to quit. Then I was approved for Social Security disability. My short term and long term disability company now tells me I may have to pay back any money drawn from them. I live in Missouri. My question is will I have to refund any money?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.
Hello,Thank you for the information and your question. This issue is determined solely by the terms of your STD and LTD policies. In other words, this is a contractual issue. So, you will need to review those policies for the exact terms of offset. That said, most STD and LTD policies do have a provision that says if the claimant is later awarded SSDI benefits for the disabilities covered under the policies, then the carrier has the right to offset. If your policies say something to that effect, then your only possible out here would be if you were approved for disabilities not a part of your STD and LTD claims. In that case, you will need to hire a local attorney to help you challenge/appeal this effort to recoup their money. Please let me know if you need any clarification. I would be glad to assist you further if I can.
Expert:  Marsha411JD replied 1 year ago.
Hello again, I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer that I provided to you on the 21st. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator. In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: Thank you.