Taking back short term disability

[yallie1]

My husband works for a big company and had worked for them for about 2 months when he broke his leg unrelated to his job. His insurance picked up the week after his accident. So the company went back and forth decided weather or not they will give him short term disablilty well in the end they did. Now that he has been back to work for months they sent us a letter saying that we owe them all that money back. Is this legal? My husband has already been looking for a new job can they just take this money from us? this has caused us so much stress!!

 

[cbg]

What is the reason they are giving you?

 

[yallie1]

All they said is that it was overpayment since he wasn't suppose to recieve Short term disability

 

[cbg]

If he received benefits in error, and it really was in error, there is nothing in the law prohibiting them from requiring the benefits to be paid back. You don't get to benefit from an error.

You are free to show the policy and the letter to an employment attorney and see if he agrees that the benefits were paid in error.

 

[yallie1]

thanks

Thanks so much, it's not that I want to benfit from them making a mistake but I also feel if they allowed him to recieve short term disability it was for a reason. That is alot of money to just come up with for an error! Why are they just now picking it up? I also believe they are doing things to make him quit could this just be another default? I don't know we just need prayers this is getting out of control!

 

[cbg]

I don't know why they just picked it up, but I can tell you that this time of year, many benefit departments are doing audits for year end. Perhaps the error showed up that way.