Question

Can Hartford force me to file for Social Security Disability? Can they hold my benefit checks if I don't?

Asked on July 14th 2011 by Wanda
Hello. My name is Wanda. I have been out of work since 6/2011 and have had 2 back surgerys in the last 6 months. Still under Dr’s care, pain management and in a lot of pain if I try too much of anything. Now they think I may have some nerve damage and I received a call from the company I work for, which stated they could no longer keep me on the payroll and I was dismissed. Now Hartford has called and ask how I was doing. I told them the above, they sent me a letter giving me 21 day to show that I have files for Social Security Disability and that I check the be on the box that if I get retro I will pay them the lump sum… Also if I don’t file they will hold my benefit checks. Can they do this? Am I required to file for Social security? I am 55, not sure if or when I will be able to work, since I can’t sit nor stand for long periods of time.

Answer

Answered on July 19th 2011 by Attorney Gregory Dell

Wanda, your policy may contain language that requires you to apply for SSDI benefits within a certain time period. Hartford is requiring you to sign a reimbursement agreement which allows them to deduct any social security disability benefits from the amount Hartford is obligated to pay you each month. Your policy may require you to sign this documents. Hartford will also seek reimbursement for any overpayment you receive as a result of a SSDI approval. Feel free to contact us if you have any other questions.