Legal Question in Employment Law in Massachusetts

short term disability insurance

I have paid through my work each week money for short term disability. After a year or so I was diagnosed w/ cancer and was out of work for about 6 months. I was paid short term disability for 2 1/2 months and then was told by my employer that I was not supossed to recieve short term disability because I only worked 32 hours each week which is considered part time. Now the insurance co. wants me to pay back all the money that I recieved. I feel as though I was led under false pretense that I was covered for std and I also had the $ taken out each week for this coverage. I had to pay taxes on this money also. Do you think that it is right that I have to pay this back? I had no Idea that you had to work 40 hrs each week for this coverage and figured I was all set because I had paid for it each week. Who is at fault , myself, my employer or the insurance co?


Asked on 6/04/09, 6:45 pm

1 Answer from Attorneys
J. Whitfield Larrabee J. Whitfield Larrabee

Re: short term disability insurance

You would benefit from speaking with an attorney who is an expert in the ERISA law, which deals with employee benefits, as well as someone who knows something about insurance coverage issues. Although I don't possess this expertise, I doubt you can be required to pay back any benefits and may well have a claim for your std benifits to the full extent of the policy.

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Answered on 6/05/09, 10:37 am


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