Question
After jumping thru UNUMs hoops 2 consider my claim I was finally apprvd 4 disability bene's. Since the claim took so long 2 go thru I was paid a lump sum check @ 1st paying me back 2 the a/o date I became disabled. Now, many mos. later, I'm threatened w/having 2 pay them back $19,000+ w/in 30 dys 4 an overpymt error or face losing bene's completely which they've also reduced more than $2000/mo.
In 1 of many forms I completed 4 UNUM, they asked if I was currently recvg bene's from any other source. I answrd, "YES" w/the whom & $ amt info. allowing them 2 deduct it from my orig bene pymt. They failed 2 do so. Can they really come after me 4 this when I disclosed the req info & they made the mistake? Do I have any rights or recourse? Where does this leave me when I no longer have the $$?
Between this & all they put me thru in the begining, my doctor said it's caused a major set back in my recovery time. But, of course... UNUM doesn't give a hoot about me. Now do they?
Answer
They are a very tough company, but if there was truly a mistake, and you were truly overpaid, you are not entitled to keep the money. If you made a mistake and overpaid the mortgage, how would you feel if the mortgage company could keep the overpayment?
As for your no longer having the money, I am not sure if the policy, or your state law (applicable on non-employer based plans) gives them the right to withhold future paymetns until the amount due is recouped, or not, so they'd have to sue you.