Legal Question in Insurance Law in Florida

am i profiting illeagally

i collect 1440.00 a month from ssi and i had a disability policy from work which i am collecting 1640.00 a month. am i liable to return the money to my disability ins. if i am profiting from this.i heard there was president set in court in such a case where the reciepiant wasnt liable to return the money.my disability company never gave me a copy of the policy.and i just found out that collecting on both might be profiting and could be liable for the excess im being paid.


Asked on 5/30/02, 4:18 pm

2 Answers from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: am i profiting illeagally

Yes you may be profiting illegally. But only a review of your policy and knowledge and an analysis of the facts will give you the proper answer. You MUST consult with an attorney who is familiar with the law. The first consideration is whether your policy has a social security offset. Many do, some don't. Next, did you sign an agreement to repay the SS award money? Finally, did the company by its conduct waive its right to reimbursement? From your misspelling alone, you need help! Most attorneys will provide you with a free initial consultation. Be certain he/she is experienced with disability coverage law.

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Answered on 5/30/02, 5:57 pm
Michael Tobin Michael M. Tobin, P.A.

Re: am i profiting illeagally

I am puzzled by your question because most disability companies with the offset provision are hell bent to assist in seeing to it that you apply for SS even to the point of sending you to their attorney because they save every penny that SS allows. You get nothing more and they only pay the difference. But they do make mistakes and it could work to your benefitif you were unaware while they slept on their rights and now may be SOL.

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Answered on 5/30/02, 6:03 pm


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