A member wrote me asking about LTD/SSDI benefits. The following is my answer.
If your employer is the LTD policy holder and they paid the premiums for your LTD, you are not the policy holder according to ERISA laws. You may have paid extra for an additional LTD amount, but your employer is still the policy holder. The Supreme Court upheld a ruling in June, 2008, where the LTD company hired a lawyer to file/fight for SSDI benefits for a woman. Her LTD company then reclaimed the back SSDI money and stopped paying her after 18 months. I can't think of the case but I will give you several websites to investigate. Most will give you lawyers who specialize in LTD/ERSIA laws. ERSIA should be outlawed because it really protects BIG business and insurance companies (go figure). http://www.flowerspaulino-grisham.com/articles_newsclips.shtml http://personal.riverusers.com/~searcher/help/sue.html http://www.legalhelp.org/ http://www.law.cornell.edu/search/index.html http://disability-insurance.oneclickfinder.com/search/result/?l=http://hr.cch.com/news/pension/063008a.asp&s=Disability+insurance http://disability-insurance.oneclickfinder.com/ http://www.disabilityclaimssolutions.com/newsletters.html http://www.disabilityhelpsite.com/forum/index.php http://www.disabilityinsuranceforums.com/categories.cfm?catid=4 http://www.long-term-disability-attorneys.com/info.shtml http://www.insurancenewsnet.com/article.asp?a=sa&id=103771 http://personal.riverusers.com/~searcher/help/recover.html http://groups.yahoo.com/group/Disinissues/links http://www.benefitscheckup.org/ Some of the websites may or not be of benefit. But, this should help get you started. Life is short! Break the rules! Forgive quickly! Kiss slowly! Love truly, Laugh uncontrollably . And never regret anything that made you smile. Prayers and thoughts for you and yours, Candy K.
