Long term disability and catastrophic leave donations.

I was recently informed that my LTD benefits have been overpaid.  The insurance company claims that it is because of catastrophic leave donations I received.  As a county employee I am offered STD for 60 days. We have an option to purchase a long term plan which I did 16 years ago.   I received catastrophic leave hours which I reported to the insurance company. A second catastrophic request was sent out and I received more donations. Each time I have received pay, I have faxed the information to them the following Monday. They are stating since they did not estimate high enough, a $5,600.00 overpayment has occured. They have stated ANY income I receive shall be counted against my claim. ( I pay the premium through my Union) Is this correct?

Asked on June 14, 2009 under Insurance Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should go through the following to consult on your insurance matter:

1. Contact your union -- usually union membership comes with at least one free or low cost consultation with an attorney.  Union foots the bill.

2. Contact the California Dept of Insurance and consider filing a complaint of bad faith insurance coverage.

3. Try contacting the EDD of California.

4. Last but not least, try www.attorneypages.com and check his or her disciplinary record at www.calbar.ca.gov under attorney search.


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