Overpayment of Long Term Disability
Question Details: I filed a long term disability claim while receiving paymeant of workers' compensation. Receiving workers' comp should have meant that the ltd insurance company deny my claim. I did't not know at the time I could not receive both but I did, however, report that I was receiving workers' comp the entire time to the ltd insurer. In fact the ltd insurance company admitted it was their fault. I want to know if I have to pay this back. Also, what kind of lawyer handles cases like this?
Insurance Law Law Answers
Yes, you do have to pay the money back. However, I think you should be able to work out a payment plan that will keep the pain to a minimum since it was their fault.
There is really no chance that you would be allowed to keep this money, if it went to court, since the law rarely favors outcomes that let someone get an undeserved windfall at someone else's expense, just because of a mistake. The only difference between your case and attempted insurance fraud is the fact that you really didn't know you couldn't get both, and the fact that you did disclose the compensation benefits.
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