Question

Why can my employer hold my disability check after The Standard sends it to them? Can I file a grievance with them?

Asked on September 11th 2020 by Lucas
I am wondering why the standard can send my disability check to my employer, and they then can hold on to it and not pay me for 2 weeks when they do pay roll? I feel it’s not their money to even handle it is my money from a seperate company other than my employer? I had my STD claim approved up to a date, and I tried to return to work and I worked 2 days and I couldn’t do it so I have been out for weeks now cuz of back issues and herniated disc from a fall. I am being ignored about my claim being extended after it already was approved for the same issue but they will not respond to me, or at least the woman handling my claim won’t, I have been trying to make sure they had everything from me and my doctor to process my claim but I have going back n forth with them flsince August 12, 2020 and the person handling my claim will not get back to me and I was told that the nobody else can see my entire claim because they are not handling it. I have left the woman handling my claim 5 voicemails and I have sent 10 emails to customer service which they forward to her and they CC me in the email as well but absolutely no response until yesterday when they told me that they have nothing from my doctor which I know is t true cuz my doctor office has receipt of the fax to them and I have not been getting paid so I am very behind in my bills and it’s been now reported to my credit which ruined it now. How do I go about filing a grievance with them? Or so I file it with the insurance commissioner? Or what do I do? Cuz now even if it is approved today, by the time they send a check to my employer instead of me, my employer won’t pay it out until regular pay day. Which I don’t see how that’s right by any means? I feel I am already working with less income and now waiting a month to get a check is ridiculous when I could of had everything they needed to approve the claim if they hadn’t been avoiding me and just said something bright away.

Answer

Answered on September 11th 2020 by Attorney Alex Palamara

Lucas, it sounds like your claim for STD benefits is under a policy that is self-funded by your employer. Thus, it sounds like your employer is actually paying the benefits. However, I will have to review the policy/plan documents to figure out why the money is being paid to your through your employer and not directly to you from the Standard. Regarding your claim and their treatment of you, unfortunately it sounds par for the course with some claims handlers at these insurance companies. Please contact us so that we can discuss your claim and formulate a plan to get your paid ASAP.