Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

Long term disability with Unum established claim,,Unum

Customer Question
without any reason deducts monthly...
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: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 29 minutes by:
8/24/2016
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,095
Experience: 20+ Years of Employment Law Experience
Verified
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.
Ask Your Own Employment Law Question
Customer reply replied 1 year 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.
Employment Lawyer: Law Educator, Esq., Attorney replied 1 year 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.
Ask Your Own Employment Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 121,095
121,095 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
If I was 5 min late, can my employer deduct full 30min from
If I was 5 min late, can my employer deduct full 30min from the hours worked? … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Employer of my friend did not deduct social security and
Employer of my friend did not deduct social security and medicare for last 13 years. He was student form INdia on opt for initial 3 years exempt from SE tax witholding but was changed to H1 thereafter… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,095 satisfied customers
My employer deducted medical premiums from my last paycheck
My employer deducted medical premiums from my last paycheck however they have notified insurance that my coverage ended the day they terminated me. I'd that lawful … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
I have a question about Wage deductions in county, Illinois.
I have a question about Wage deductions in cook county, Illinois … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
What is the maximum amount/percentage allowed to be deducted
Hello, what is the maximum amount/percentage allowed to be deducted on an employee's check per pay period for a company payment plan? We have a current fraud case going on with formal investigation re… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,095 satisfied customers
My employer keeps deducting my money for my AFLAC policies
My employer keeps deducting my money for my AFLAC policies weekly but is not keeping up with the monthly payments. I found this out when I spoke to AFLAC about changing my billing to my own bank as I … read more
RESPONDER9
RESPONDER9
336 satisfied customers
My employer wants to forcibly deduct the cost of repairing a
My employer wants to forcibly deduct the cost of repairing a fleet vehicle from my wages. I work on the road. We are not allowed to drive our personal vehicles. I wasn't in a wreck. The drivers side d… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
Is it ok to deduct from a salaried employee's pay if they
second opinion] Is it ok to deduct from a salaried employee's pay if they take the day off and don't have any accrued PTO remaining? Or are we required to "borrow" PTO against future accruals?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
If an employer fails to deduct medical insurance from an
If an employer fails to deduct medical insurance from an employee's check for almost a year, then finds the mistake, it is legal for the employer to deduct a double premium from an employees paycheck?… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
My employer is trying to deduct, without written permission,
My employer is trying to deduct, without written permission, monies from my paycheck that they say was overpayment from 2 years ago. This paycheck is also over two weeks late. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
Can an employer deduct pay for an exempt employee who used
Can an employer deduct pay for an exempt employee who used all of their PTO? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,324 satisfied customers
My employer is trying to deduct my wages for a bus ticket
My employer is trying to deduct my wages for a bus ticket home. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can an employer deduct part of my wages other than standard
can an employer deduct part of my wages other than standard deductions, that are not court ordered? … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
My employer has been deducting money from my paycheck for my
my employer has been deducting money from my paycheck for my 401k and I now find out that none of it has been deposited in my account since january? … read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
Can a Kentucky employer deduct the amount of its overpayment
Can a Kentucky employer deduct the amount of its overpayment to an employee from a commission or bonus check? Does the employer need to send the commission/bonus check in whole and attach an agreement… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,370 satisfied customers
Well my final paycheck my employer deduct it to my insurance
Well my final paycheck my employer deduct it to my insurance premiums because I ask him to hold off because I was buying a car that I would pay backs out then I will need to deduct my check in July bu… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
My employer is taking insurance deductions out of my
My employer is taking insurance deductions out of my paycheck but I just found out I have no coverage. After talking to my insurance company I was told the group policy is listed as inactive since Jul… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I have a question about a breach of contract from a job I
I have a question about a breach of contract from a job I was let go from … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x