Question

Unum told me my benefits were their money after I spent it. Can they hold my LTD check and apply it to the balance I owe?

Asked on December 25th 2013 by Geneva
My disability was approved and when I received the check from the Disability office, I immediately used it to pay outstanding bills, Unum sent me a letter informing me that the money belonged to them. Of course, I don’t have the money, since March 2013, Unum has been holding my LTD check and applying it to the balance that I owe. I have asked Unum to work with me this situation because I am desperately suffering trying to pay my monthly bills. Unum has refused to work with me. My check from Unum is approx. $1300. Can you tell me why Unum refuses to help me? Can I file bankruptcy? I owe them approx. $48,000. Can I take them to court? Please tell me what are my options with Unum.

Answer

Answered on December 16th 2013 by Attorney Gregory Dell

Geneva, The law is not very clear on overpayments, but I would not declare bankruptcy because of the $48,000 overpayment. Unum will have very little chance of every collecting this amount from you. Please check out our Frequently Asked Questions on Overpayments for more information.