IfI received long term disability from an insurance company, CAN THEY now saythat Ihave to repay the benefits out of my back pay from my SSDI?
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IfI received long term disability from an insurance company, CAN THEY now saythat Ihave to repay the benefits out of my back pay from my SSDI?
What happens if I do not repay them? Can they sue or even bring criminal charges against me?
Asked on September 24, 2011 under Bankruptcy Law, Michigan
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If you have received long term disability benefits from an insurance carrier concerning an injury that you sustained and you are also receiving social security benefits resulting from the injury that I assume you received, you need to carefully read your policy of insurance providing you with the current long term disablity benefits.
The reason for this is that its terms and conditions control the obligations it owes to you under the given policy of insurance and vice versa in the absence of conflicting state law. Many insurance policies have reimbursement provisions concerning additional duplicative benefits that the injured party is receiving. This may be the case in your situation.
If you owe reimbursement, your insurance carrier can bring a civil action against you for reimburement. Do not worry about any criminal issues from what you have written.
Good luck.
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