Long term disability and catastrophic leave donations.

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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 14 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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