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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 29969
Experience:  Lawyer
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I applied for short term diability through insurance I have

Customer Question

I applied for short term diability through insurance I have at work. I also work part time and get social security. The insurance paid for some of my missed time at work but now says I need to pay it back because I have social security. The only paperwork I can find says social security disability not just social security.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: wisconsin
JA: Has anything been filed or reported?
Customer: everything was filed, but I did not have to fill out any paperwork to myjob only what the doctors office would send in to the insurance
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 11 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 11 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Is there a clause in your insurance contract that says "subrogation"? If so, what does it say? Also, you can ask the insurance company to point you to the clause they think entitles them to a refund, and that might help. Then we can evaluate that language. The answer to this type of question is usually found in the policy, though, so the language is important. I'm looking for anything that says the insurance company is entitled to reimbursement for benefits paid if you get money from another source.

If it specifically says you only have to repay them with money received from SSDI, and you're getting other social security benefits, then you wouldn't have to repay them. They could sue you, but they won't win if their own contract is ambiguous or doesn't say what they're claiming it does.

Expert:  Lucy, Esq. replied 11 months ago.

Do you have any other questions about this?