Legal Question in Insurance Law in Florida

My wife purchased a long term disability policy from her employer. after becoming disabled due to a work related injury, she began receiving long term disability payments after the required waiting period.after receiving her pay for five years we where notified by the insurance co. that her benefits would be cut due to a miscalculation of her employment pay. we have tried to resolve this both through her former employer (as they are self insured) and also through the insurance co. up to and including the appeal process andthey have now stopped paying my wife, completely. all we get is different information from a different person whenever we speak to the insurance co. what do we do? does someone have an answer?

Asked on 8/18/10, 5:14 pm

2 Answers from Attorneys

Mark Nation The Nation Law Firm

The insurer is allowed to recoup "overpayments," but only if they are truly overpayments. If there are not overpayments then they obviously have no right to your money. If there is an overpayment, then it is best to try to negotiate with them and ask them to simply take a little of her money each month until they are fully reimbursed. I hope this helps.

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Answered on 8/23/10, 5:28 pm
David Slater David P. Slater, Esq.

If you are contesting the overpayment, you may have to pursue a legal action. Read the policy as to your rights.

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Answered on 8/24/10, 8:52 am

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