View Full Version : APPROVED FOR SSD, Now LTD wants me to pay them back??? HELP!?!?!
08-15-2005, 07:07 PM
I have a question, I am kinda at a loss, I have been getting Long Term Disability from my job for a little over a year now, Because my LTD Company pushed me to do so I applied for Social Security Disability, the first time I was denied, then The LTD company referred my name to a Attorney and the Attorney contacted me, They then filed an appeal for SSD, about 2 weeks ago I got a phone call about 8:45am saying that my Appeal had been approved, and that they would retroactively go back to Sept 2004 and pay me from them until now, and my monthly amount was $631.00 a month....and I would owe the attorney $1711.00, and my attorney told me NOT to tell my LTD company I was approved, so I didn't, after about 4 days I got a lump amount deposited into my checking account...I wrote a check to the attorney and sent it out, then about 2 days ago, I got a letter in the mail telling me that I owed my LTD company the remainder of my back pay as pay back for the month they had paid me before SSD started, unfortunately I have a problem, after we got the deposit, I have numerous outstanding medical bills, and also had a large premium for COBRA on my medical insurance, so I spent the bulk of the money, and now they say they want it.... I was NEVER told I would have to do this...There was no where in the agreement that I signed from the attorney stating this, I have never gotten a copy of my LTD policy, or been told by my LTD company I would have to do this, and now they com up and say they want their money, THAT I DONT HAVE?!?!?! Anyone know anything about this? What do I do? Can I ask them to let me pay them like $100 a month I cant afford to let them just take my checks until its paid in full, I wont have anything to live on... I just really need some input and help with this.... PLEASE!?!?!?!?!?!?!?!? :help:
08-16-2005, 12:54 AM
I recieve LTD retirement benefits from LTD and also get SS. My LTD started 6 months from the date of my disablity. It is made very clear that when the lump sum check comes in that LTD has to get paid back the portion of benefits and I am shocked your attorney said not to mention it. Your attorney should know better than that! That is not wise. Every two months I'd get either a letter or phone call from LTD to ask me what the status was and it was always made clear that I would be paying back a portion of my LTD, after the SS lump sum came in I had enough to pay the attorney and pay back SS and still had a few thousand for myself. Your attorney didn't advise you correctly. I'd do everything I can to make good and pay it back. The LTD goes down when the SS is approved, mine went down about 600.00 a month but w/ SS it came out to a whole paycheck for me as if I was working full time. Who is yor LTD carrier? I'd check the website and make sure you have nothing in writing that say's you pay back LTD. The attorney should know LTD laws as well. I hope it all goes well for you! PEACE and jOY!
08-16-2005, 12:56 AM
I think that is pretty standard with all LTD's. In my state you have to file it on your taxes too (the LTD).
08-16-2005, 01:46 AM
I didn't have to payback SS, I meant just LTD hd to be paid back. I'm appaled at your attorney did this to you and your attorney should KNOW that it does have to get paid back. I paid back almost 6-7K that was the first check I wrote out and the attorney's fee's came straight from my SS check before I even got it so he was paid in full if you are being represented the attorney usually has you sign a paper of representation and on it he gets paid directly as well. Just the LTD that you write the check out to. The LTD wouldn't have sent you to attorney and all that if they didn't want to collect their money. I'd be calling the attorney but yet you should have some employment papers that state how disability works. I'd be filing some complaint. The attorney saying not to mention it though is very irresponsible of him! I'd call the LTD and make good and see what you can do about this so your LTD doesn't get put on hold till then. DO whatever you can to make it right with them and I'd seriously be looking at something unethical on your attorney's part. OK, I hope that helps but get on the phone today and call them and tell them what you said here and what your attorney told you and such and tell them you will do whatever they want you to do about it. I called LTD well in advance and asked every question but they did call me and send letter on the status while it was going on. Who is your LTD carrier? Your attorney was irresponsible here at your expense. PEACE and JOY[/COLOR]
Get a copy of your policy and read it carefully. Some LTD policies require you to pay back $$ if you're approved for SSD, but some don't. It could be that this company has several different policies they offer and they just automatically send out mailers when they find out someone is approved. If they do require you to pay, explain that the attorney they hired for you did not tell you about having to pay this back and also told you that you shouldn't report it to them. Then, negotiate the amount to be paid back explaining that you have paid medical bills with the back $$ and no longer have it. If you stand your ground, they will probably reduce the amount that you have to pay - don't take no for an answer. And as far as paying it back - even if you can afford more, tell them you can only afford to pay them $10 a month. This may help persuade them to reduce the total debt while at the same time it gives you a much lower payment than $100 a month. They should be willing to work with you. If you have someone who won't, keep talking to their supervisor and the next supervisor until you get someone who will. Remember, their job is to collect as much $$ as they can - and anything is better than nothing. Sorry this has happened to you.
I think they would probably let you make payments. Particularly if you contact them right away, explain the situation, and promise to start making payments right away. They want their money - so if payments is the way they'll get it, I bet they will allow you to do that.
08-16-2005, 04:06 AM
Two comments: The attorney is usully paid directly by the SS Administration when a disability claim is approved on appeal. And yes, you may have to repay at least a portion of your LTD --- you can probably set up a payment plan with them. Or if your LTD also supplements your SS, you may be able to have them withhold payments from that. If you can't work out an agreement with them, I suggest you speak with an attorney, but not the one who gave you what is apparently inaccurate advice.
08-16-2005, 04:34 AM
First I am sorry you were given such horrible advice from an attorney. This is what gives them such a horrible name.
Second, when I got my back payment from SS, the attorney fee was withdrawn from them and was to be sent by them to him. Now, usually you will get a letter from SS a couple weeks after the inital payment is made. It will tell you how much you got and whether or not how much money was withheld for the attorney. I would call SS if you have not recd this letter and find out if they withheld money already for the attorney. If they have then you have overpaid the attorney and I would try and get the money back you gave him.
I am in agreement with the others about contacting your LTD company and explaining the error that was made. Hopefully they will let you pay a monthly amount back. I am again sorry you went through this...
08-16-2005, 08:41 AM
First let me start by saying Thank you all for your input, but I can tell you this, perhaps usually the attorney gets paid directly from SS, but not in my case, SS did a direct deposit of all the funds into my checking account and told me how much the attorney would get, and I wrote out a check immediately and sent it to them, and would have done the same for my LTD company IF I had known I would have to pay them back, someone made a statement that it is common knowledge that you pay back the LTD company when you get approved by SS, but it obviously was not common knowledge to me, and was NOT made known to me by my Attorney, I am thankful they got my SSD for me, but It would have been nice to have been told by them that I had to pay back The LTD company (BTW, it is MetLife) also someone made the statement that the LTD company sends out letters to get a update on the status of your claim with SS during the process of trying to get approved, NOT ONCE throughout the time I was trying to get my SSD did my LTD company send me a letter or make a phone call to me wanting to know the status. I have a copy of the contract between myself and my attorney that filed the appeal for my SSD, and NOWHERE in it does it say ANYTHING about my having to pay back the LTD company, only states that they (the lawfirm) will be entitled to 25% but not exceeding $5300 of my SSD benefits. Which I ended up paying the attorney $1711.00.
UPDATE: This is really messed up I got a letter from my Attorneys office today, stating their portion of payment, (Which I paid the day after I got my SSD benefits deposited, over 2 WEEKS AGO!) and the last line of the letter states that benefits are to be reconciled with my LTD Company.... Little bit late after the fact... but guess I will just try to make payment arrangement and have them take it directly out of my LTD monthly payments....
Yes, My LTD payments are dropping from $1107.00 a month, to $476.00 a month to supplement the difference of my SSD I am getting to equal what I was getting monthly from my LTD company...
I need to make a correction in my first post I said that my LTD company was wanting me to pay them back my back pay from SSD, but As of today 8/16 I have not heard anything or gotten anything from my actual LTD company (MetLife) about getting approved for SSD, and paying them back...I had just been told by others I would have to pay back my LTD company....and I told them I had not been told anything of the sort.... but I intend to go ahead and call them and explain the situation to them, and see what can be arranged... again.. Thanks Everyone.
08-24-2005, 05:39 PM
Just Wondering If Anyone Can Tell Me How Long It Takes To Hear If You Have Been Approved Or Not Its Been A Month Now Since My Hearing
08-24-2005, 06:02 PM
I have been told that it can take anywhere from months to years to get an answer as to whether you have been approved...My whole process didnt even take a year, from start to finish, I got denied the first time, and then my reconsideration was approved....
08-25-2005, 03:14 AM
jibbajabba317 the judge has 60 days from the date of the hearing to notify you whether or not you got approved for SSD. If you do get approved it can take up to 90 days to recieve your back payment from the Baltimore office that pays the payments every month. I knew that day when I went in for my hearing I was being approved, that was in Nov 2005. Letter was sent to me and Baltimore the first of Dec then it took until late Feb to get my money from them. Believe me they get in no hurry what so ever.
08-25-2005, 04:57 AM
:headbang: Thanks patrica1
08-25-2005, 04:24 PM
Has any one in their 20's got approved for SSA?
I am 23 and I need to apply, but really, I am SCARED to apply for benefits, scared I will be turned down ASAP
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