In the unfortunate event that a disability insurance claimant dies while on disability, there is no right to continue to collect the disability benefit on an ongoing basis for the remainder of the policy. However, many policies do provide a “survivor” benefit that will pay a certain number of months’ worth of the benefit to the eligible survivor. The survivor benefit is usually 1-3 months of disability benefit payments.
Erin, I’m sorry for your loss. It does seem unfair that the money would have to be paid back after your husband passed away. However I think that Metlife would be entitled to it as they overpaid. But they would not be allowed to touch any future benefits you receive from ssdi. Only the amount for the time period he was paid.
My husband suddenly passed away in November of 2020. He was drawing 60% of his pay through his work long term disability that he paid for. His advocator called me after he died and told me that I needed to continue fighting for his Social Security because he was owed that and my kids were owed that. I told them if it was just going to all go to an attorney or be given to MetLife I was not putting myself through this because it has been very traumatizing. I did his virtual court date in January and the person that was assigned to find out if my husband could work or not was reviewing the wrong case and had my husband listed as a CNA And different things that he was not. The judge noticed it right away and was not happy. In fact, she granted my husbands disability within 2 weeks. I received his backpay in April.
The advocator group assured me that MetLife would not be taking all my money. They said that usually after someone is deceased they don’t request any of it back unless they have paid an extra month or so. MetLife is now asking me to pay it all back to them. My husband paid for his long term disability it was a plan he purchased through his work and he is now deceased do I have to pay that back? It Does not seem right when he was owed 60% of his paycheck through the disability. To me it is strange that they are requesting me as his beneficiary to pay that back.
Raul, I am sorry to hear of your wife’s death. The policies likely have time limitations to file a claim or to bring a lawsuit. As it has been 4-5 years, there may be issues due to such. However, if you file a claim the worst they can do is say no. However, must group LTD policies limit survivor benefits to a matter of months, so it may be limited. If you have a copy of the governing LTD policy, please contact us and we will gladly give you a free consultation.
Group term life coverage: xxxxxxxxx
Group total permanent Disability: xxxxxxxxx
My wife diagnosed disabled 2012-2016 but still working because she didn’t know this insurance. She died 2016. Can I claim Group total permanent disability aside from life Insurance since this insurance not a rider based on written on the paper?
Mira, first, let me say, I am sorry for the loss of your husband. Generally, a disability claim ends upon the death of the claimant and benefits beyond that point cease. Under some policies, a surviving spouse may be entitled to a “survivor’s benefit” which is typically a small one-time payment. You should contact the disability insurer and ask them whether you are entitled to any survivor benefits under the disability policy.
Hello! My husband passed away last June 26-20. My question is his long term disability Is stop! I am the wife and no work! Can you please advise me! Thank you!
Lisa: Disability payments are made during the life of the claimant as income replacement. The survivor benefit is a small (usually a couple months worth) additional benefit to assist with the financial transition of loved ones. There is no obligation to continue paying disability benefits after death. That would/should be covered by a life insurance policy.
My husband passed 3 weeks ago, he was only 54 years old and died in my arms the morning of 6/2/2020; from a sudden heart attack. He has received LTD from Metlife for years, Metlife paid him over $2k during the 2 years, he had to fight for ssdi and once approved, Metlife paid him the difference of $479.00 each month until his death on 6/2/2020. He was going to receive this money through the year 2032. **$479X144 months (12 more years) totals: $68,976.00! Metlife called me yesterday and left a message that is will get a final payment of $1,600.00. This is a huge difference. How can Metlife insurance not pay more in survivor benefits? Due to my husband’s sudden death, Metlife is saving close to $70K. How can Metlife get away with issuing me under 1% of what they would have paid my husband if he lived through the year 2032?
Rita, I am sorry to hear of your loss. The policy governing the claim will govern how much survivor benefit they must pay the family. If you have a copy of the policy, please contact us for a free consultation so that we can review it for you.
For my survivor benefit, Cigna is only paying me 3 months worth of the benefit amount, minus the amount of SSDI my husband was receiving. I am appealing.
Robert,
My condolences for your loss. Unfortunately, more often than not the disability and life insurance departments do not speak to each other. Typically a survivor benefit is three months of GROSS benefits so it would be the $3,300×3. I would discuss with the disability deparment.
The very subjext above is what has happened in my case, and what my question is. My RN wife of 42 years passed away on Sept 27th 2015 (two and 1/2 months ago) I just noticed the 3rd partial disability payment of 800.00 in my online checking account information. My wife was an ICU nurse at a local hospital for over 30 years. She had a back surgery by an enept surgeon in New Orleans. He stretchd here spinal cord too far trying to form an “S” curve. It permanently paralyzed her from the waist down. She paid for a long term disability policy at the hospital she worked at. She immediately got approved for SSID , BUT WAS ONLY PAID 800.00 out of 3300.00 from the long term disability for the past 4 years because of the SSID. The personel director at the hospital she worked at whose signature is on the EOB letter she got each month when the 800.00 check was deposited electronically KNOWS that my wife passed away in September. In fact, she assisted me in filing the death claim on a 50,000 life insurance policy that was also included in her policy with Lincoln Financial of Omaha Neb. I talked to the claim representative at Lincoln to mitigate getting the claim completed for the life insurance. The same company paying the long term disability. So how could they possibly not know that she passed away on the disability part? I just keep holding my breath and have said nothing more to Lincoln. Could this possibly be the short term surviovors benefit you speak of above? Kindest Regards, Robert R.
Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.
Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income; therefore we always try to work with the claimant to make our attorney fees as affordable as possible.
The three available fee options are a contingency fee agreement (no attorney fee or cost unless we make a recovery), hourly fee or fixed flat rate.
In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.
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As with anyone who finds themselves empty handed and lost as it becomes apparent long term disability is their only means for income and support for their family, the web searches become unbelievably daunting on what firm could properly represent you and your case. It was extremely important to me I found a firm who had not only won against my private LTD policy, but had also won cases concerning my disease and the extraordinary challenges that accompany it. Dell & Schaefer fit those requirements on paper, and only affirmed through the roof they were the law firm for me.
They are some of the most compassionate individuals I could have ever had the chance to work with, and from day 1 to the end, 14 months later they always treated me, just as me. I wasn’t a disability case, or a chronically ill patient, but someone who should feel and be empowered to fight for what I am rightfully owed. Their experience fighting cases shows, and I never once questioned hiring an attorney versus fighting the appeals myself. I would recommend Dell & Schaefer without hesitation to anyone I know.
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