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Do I have to sign the Social Security reimbursement agreement requested by disability company?


  • Do I have to sign the social security reimbursement agreement requested by the disability company?

Disability insurance attorney Cesar Gavidia discusses whether a claimant must sign the Social Security Disability reimbursement agreement requested by the disability insurance company.

I often get phone calls asking me, “Do I have to sign the Social Security reimbursement agreement that was just sent to me by the insurance company?” You really have to look to your disability policy. If your policy requires that you sign a Social Security reimbursement agreement, which will require you, in essence, to pay back any money that you receive from Social Security Disability while the insurance company also paid you disability benefits, then yes, it’s your obligation and responsibility as the insured to sign that. But often, these insurance policies don’t have those types of stipulations in the language, so you have to look carefully at the policy, and if it says that, then yes; if it doesn’t, then it could be deemed a modification of the contract and you should contact us immediately to discuss what’s going on.

There are 24 opinions so far. Add your comment below.

Darlene Hall:

I have been trying since 2004 to get my S.S.D.I. approved, it was finally approved this year with offset date to Nov. 2009. I received a payment from S.S.D.I. I have been receiving my Unum payments since 2004 , but Unum says I must turn all money from A.S.D.I. over to the Unum Co. Is Unum entitled to these money, or am I allowed 2 keep the money myself? Thank you for your assistance.

Attorney Greg Dell:

Darlene,

Your Unum policy will specify whether Unum is entitled to reimbursement for your SSDI overpayment. They probably are entitled to be paid the funds you received from SSDI. Please check the Overpayment section of our Frequently Asked Questions for additional information.

Keith Smith:

Dear Sirs,

I read/watched your segment on filling out the reimbursement agreement to the LTD carrier (which is Aetna for me). I have filled out similar forms on a regular basis from the beginning of getting my LTD in 2006. Such as: PHI (Protected Health Information) agreement, physician statements, income questionnaires, work history and education, authorization to secure award or denial infomation, etc. I have already gone through the process of then being approved for SSD and paid Aetna the overpayment over two years ago. So, in essence, Aetna has all the information on SSD, wages, time frame, etc. This is pretty much all out of the way. Now, I just received another form to fill out called the consent of authorization, Fact Query, Full Account Query, to S.S. from Aetna. This is very intrusive and basically asks for the rights of Aetna to be able to question or view anything from S.S. Which includes: any medicare data, direct deposit data, and numerous other requests. I have been cooperative in filling out all the previous forms, but this is a new and intrusive form that I feel is way overboard and do not feel that this is necessary given the info they already have. I do have the policy and there is no stipulation in filling out specific forms and definitely not this particular one. Should I fill this one out?

Thank you very much for your time and input.

Attorney Greg Dell:

Keith,

I think you should write Aetna and tell them that if they need something specific, to please send a specific authorization or request the specific document and you will get it for them.

Anette:

Keith,

Will an LTD company (Hartford) usually make payment arrangements of backpay for SSDI payments if you need it to have surgery? What happens it you pay it for medical and just send them payments anyway. mi e is only 2088.00. I also have student loans coming in in January that will pay it. I just need it now to cover an out of state surgery.

Attorney Stephen Jessup:

My suggestion would be to contact Hartford to explain your situation to see if there is a way they will work with you on structuring a repayment.

Anette:

What if they won’t agree?

Attorney Stephen Jessup:

Anette,

Then there is realistically anything that can be done to assist you in getting them to agree to a structured repayment.

Anette:

Thank you Mr. Jessup for all your help! I did call Hartford and they did make a payment arrangement and we’re very very nice about it.

Attorney Stephen Jessup:

Anette,

You’re very welcome. I’m glad to see Hartford did the right thing by you.

Caren Gorenstein:

I finally received my disability back pay for the 10 years I have been fighting for it. The back pay derivative benefits for my daughter were paid to her father, not to me. Her father and I entered into an agreement 10 years ago that I would pay him child support and I would reimbursed by SSDI if I got approved. I have been paying the father support all these years (in an amount slightly lower that the disability award). He now says he cannot reimburse me, because SSA regulations say the money has to be used only for our daughter’s “current needs.” This is unfair! Is he prohibited from reimbursing me? (Does it matter that a lot of the money I paid her for the child support I had to borrow, so I need the reimbursement to pay back other people?)

Attorney Stephen Jessup:

Caren,

You will need to consult with a family law attorney in order to determine your rights.

Paul:

How far back can the ins. comp. start the overpayment window? For example: I went out on STD in Feb., was on STD until May 11th. LTD was approved on May 22nd. Recieved 1st LTD check on June 5th or 7th, not sure. My LTD carrier is Cigna. I recieved my reward letter from SSD on Nov. 10th. I recieved my first check from SSD, which was my back payment, late Oct. I found out through my attorney I was approved for SSD on Sept. 26th. Cigna is starting the clock on Aug.1st. Is this correct?

Attorney Stephen Jessup:

Paul,

Cigna would be entitled to collect a repayment of any overpayment for benefits paid that coincide with the time frame SSDI is issuing a benefit. If your first monthly payment came due from SSDI on August 1, and Cigna was paying benefits at that time, under their policy they would be entitled to a repayment.

Nichole:

If my LTD IS $500 A month and my SSD Is $1140.. And I get back pay, do I have to pay back the money to prudential? I received a reimbursement agreement to sign which I have not yet done.

Attorney Stephen Jessup:

Nichole,

Yes, you would still be obligated to repay any overpayment based on the receipt of SSDI. Many policies have a minimum benefit that will be equal to 10% of the gross benefit our $100. I would suggest you review your policy to determine if Prudential will continue to owe you a minimum benefit despite the benefit being offset completely.

Necey:

If you only get 500$ a month from long term disability and S’s approves you for 1140 why do you owe them all of it?

Attorney Stephen Jessup:

Necey,

It depends what is the noted “minimum monthly benefit” under the policy. Sometimes it is $0, but most often the policy will pay you the greater of 10% of your gross monthly benefit or $100 dollars, whichever is greater.

Darleen:

Hi, I’ve been on STD from Prudential for the last six months while I was in the application process for my Pension Disability. I was awarded my pension disability 3 months ago. Prudential want’s me to sign a SSDI recovery form and wants me to apply for SSDI. Do I have to apply for SSDI if I don’t want to? I can get by with not having SSDI nor the small amount from Prudential? My pension is sufficient.

Thank you.

Attorney Stephen Jessup:

Darleen,

If you continue to receive benefits from Prudential you will have a duty under the policy to apply for SSDI benefits. If you chose to not continue your Prudential benefit for whatever reason you chose then you would obviously have no obligation.

Stephanie:

Hi! I’ve been on LTD for over 20 months. I haven’t signed any reimbursement form. Never read or recieved a policy to know my right. Can Hartford still be reimbursed without my signature.

Attorney Stephen Jessup:

Stephanie, they still have legal rights under the policy regardless of you signing the reimbursement agreement. With respect to your policy, it is your employer’s legal duty to provide you a copy upon request, so if you haven’t asked your HR department for a copy I would strongly suggest you do.

Paula:

Is it mandatory to give my disability company consent to a full Account Query of my Social Security records? Would I lose my benefits or would it trigger scrutiny of my case if I want to keep that information private?

Attorney Stephen Jessup:

Paula, I would refer you to your policy to make sure, but it is unlikely you will not find any information creating an affirmative duty to provide the insurance company with your full SSDI file. That being said, you would have a duty to provide them financial information pertaining to same. I do not see how your failure to provide the company with consent would result in your claim being denied, but it could certainly draw scrutiny.

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