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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116808
Experience:  20+ Years of Employment Law Experience
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Long term disability with Unum established claim,,Unum

Customer Question

long term disability with Unum established claim,,Unum without any reason deducts monthly benefit payment to me...no notification via email which is my perfered contact route nor letter in mail... i called unum with question of monthly benefit payment. They had sent check for 629. dollars LESS THAN MONTHLY SET AMOUNT. THEN SENT ANOTHER CHECK with est SS IN THE AMOUNT 629.58 WITH -2125.07 PRINTED BESIDE. I CALLED TO QUESTION WHAT WAS GOING ON TO UNUM REP PER PHONE..THEY STATED THEY DEDUCTED MY MONTHLY BENEFIT PAYMENT BECAUSE THEY ASSUMED I WAS GETTING SOCIAL SECURITY EARNING PAID TO ME WHICH I HAVE NEVER NEVER RECEIVED ANY SOCIAL SECURITY BENEFITS IN MY LIFE...UNUM REP HAS TRIED TO PERSUADE ME TO APPLY FOR SS BENEFITS IN THE PAST AND I CLEARLY TOTAL THEM ABSOULATLY NOT! THEY TOOK MY MONTHLY BENEFIT 2754.65 DEDUCTED TO 629.58 BASED ON UNUMS RESPONSE THE ASSUMATION I WAS RECEIVING SS EARNINGS. NO LETTERS FROM UNUM WITH QUESTIONING ME WAS RECEIVED VIA MAIL OR PER MY REQUESTED CONTACT ROUTE OF EMAIL...IS WHAT UNUM DONE AGAINST THE LAW WHAT LEGAL GUIDELINES ARE REQUIRED OF UNUM???
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months 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.
IF you were not getting SS benefits, which would allow UNUM to deduct that amount from your benefits, then they must return them to you upon proving to them that you were not receiving those benefits. You need to send them the proof that you do not receive SS benefits and demand reimbursement. If they refuse, you have grounds to sue them for the return of your money, plus damages and attorney's fees for their bad faith breach of contract for taking the money without proper verification.
UNUM can reduce benefits if they had proof you were receiving SS payments, but if they did not have such proof their automatic assumption was a breach of contract in bad faith and if they fail to return the money upon you giving them written notice and proof, you would be able to sue them for the money, damages (including up to triple damages) plus attorney's fees for their breach of their insurance contract with you.
You can also file a complaint to your state insurance commission for them making the improper deductions.
Customer: replied 11 months ago.
I just finished phone conversation with unum they said they deducted my ben fit amount related to me being out work 6 months wanting me apply for social security and that they will not change my benefit amount unless I apply for social security and they deny me.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
You need to read your policy, because if it does not contain that requirement, they cannot do this. If your policy states that if you have been disabled for 6 months you have a duty to apply for disability, then you must apply. It has to be in the policy though, they cannot just do this arbitrarily.