LTD overpayment reqvest after 1.5 year from Pacific Blue Cross


#1

19 months ago(Jun 30,2016) Pacific Blue Cross stop paying my LTD benefits after I settled case with Worker Safe BC and receive from them last retroactive payment of $ 20000 which I reported to Pacific Blue Cross expecting they will send letter telling me how much I owe to them as they did three times before (I send them money every time I receive retroactive payment from WSBC and Disability CPP when they send me letter)but this time they never send letter or tell me in our conversation I owe money to them even they told me they owe money to me from Disability CPP retroactive pay back they took from me. A few days ago(January 26,2018) I receive letter from Pacific Blue Cross saying they overpay me $23000 and I immediately have to pay them. Since they asking me for more money ($23000) then was last retroactive payment I received from Work Safe BC ($20000) and Blue Cross never ask for that money to be returned to them what is my option since after 19 months I do not have that money .I have all letters with their requests regarding money I owned to them and recipes showing I paid everything they ask for until Jun 30,2016 when they stop paying my LTD Benefits.

With regards


#2

I believe there is a 2 year statute of limitations in BC. I am not a lawyer but what I would do is try to delay and not admit to the debt. Same tactics that an Insurer might use. Do you have proof you sent it to Blue Cross the notification? If not you could request a full and complete copy of your claim file to see if the letter is in the file.
Just request a full and complete copy of your file–then you could always consult a lawyer and you would have the documents from your claim for the lawyers review.

Not sure of your financial situation but bankruptcy or consumer proposal maybe an option–but only if they sue.

Until you consult with a lawyer do not admit to the debt


#3

It sounds weird the insurance company would want more money than you actually got from Work Safe BC.
I would ask a lawyer.

That is quite reasonable in my (non legal) opinion.

The insurance company should be able to deduct it from future LTD payments.
I would definitely contact a lawyer.
https://resolutelegal.ca/free-consultation/


#4

It is common for an insurance company to claim an overpayment is more than the retroactive payment (received from CPPD or WCB). This can happen for a couple of reasons: 1) when they do not immediately reduce your monthly LTD payments in the months following the end of the retroactive payment period. In other words, they keep “overpaying you” — you continued to get full LTD payment and full payment from WCB or CPPD. This will result in you owing back more than the retro payment; 2) sometimes it is because some of your retropayment was sent to revenue canada for taxes. LTD is claiming the gross retro payment amount and you are looking at the net retroactive payment amount (after taxes were deducted); and 3) the final reason is that they may have it wrong.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.


David Brannen

Disability Lawyer with Resolute Legal

The response posted above is based on the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with a lawyer, fully explain your situation, and allow the lawyer enough time to research the applicable law and facts required to give an adequate opinion. The basic information provided above is intended as a public service only, a full one-on-one discussion with a lawyer should be done before taking any any action. The information posted on this forum is available to the viewing public and is not intended to create a lawyer client relationship with any person. If you want one-on-one advice, please click here to request a free consultation or call toll free 1-877-282-5188 to speak with a member with our disability claim support team.