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HR 2830 - Contact Congress about Section 307
Some members of Congress have snuck an amendment into the House version of
the Pension Protection Act of 2005.
(H.R. 2830).
The bill can be read here http://tinyurl.com/bwu9y
then link to: http://www.govtrack.us/data/us/bills.text/109/h2830.pdf
(caution: HUGE file-but searchable)
The proposed Amendment, Section 307 of H.R. 2830, (page 333 of 451 pages)
allows for the insurance companies to subrogate for claims they have paid.
It's been advisable to not repay the overpayment caused by a Social Security
award in a lump sum. Instead, tell your LTD carrier to take it out of future
payments. Too often, following a lump sum repayment, the carrier finds the
claimant no longer disabled and terminates the benefits. As the law stands
presently, the carrier cannot sue to recover the money unless it can point
to a specific sum of money and say there is the Social Security money.
This amendment would allow the carriers to sue you, recover from
your Social Security benefits, and then terminate the claim.
Since the Senate passed a bill which does not contain the subrogation
provision, the bill must go to a conference committee.
It's important that you to contact your representatives in the House and the
Senate and urge them to vote No on the Pension Protection Act of 2005 if it
contains the provision in Section 307 of House Bill H.R. 2830.
Email or fax your comments, or call - it's a quick call since the staffer who
answers will simply record your "vote."
You can read more about it here http://tinyurl.com/7e8tp
will take you to
http://www.washingtonmonthly.com/archives/individual/2006_01/007991.php
a blog, here: http://www.erisa-claims.com/blog/index.cfm
See entry on January 6, 2006.
The identity of your Congressperson can be found:
http://www.house.gov/writerep/
How your Congressperson voted on H.R. 2830:
http://clerk.house.gov/evs/2005/roll635.xml
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