by dp » Tue Sep 11, 2012 12:06 am
I have asked this quite a few times on many different sites... My oldest is now almost 17 1/2 and my youngest is nearly 16 and I have just been approved for SSDI with a disability date of 3/2010.
My LTD policy states that they consider any payment on my record for myself, spouse and/or children income to me and they will reduce my LTD payments by this amount, and any SSDI payments for the period I received LTD payments (back payment) including back payments for my children will be considered an over payment and must be repaid.
I'm very confused because
1. some atty's say LTD has the right to deduct dep benefits, others say it is completely illegal
2. Social Security says that it is illegal for LTD to deduct child benefit amounts because these are not considered "my income" but are for the sole care of the child
3. Some attys say LTD has the right to dep back pay, others say they do not under any circumstance
4. Social security says dep back pay is absolutely not to be used to pay my debt to the LTD company because I will be asked to prove what I used it for and and my "over payment" debt is not considered care of the children
My LTD plan isnt paid out based on the number of dependents I have, but SSDI is until they turn 18. So, if SSA says this is not legal but the LTD co has the terminology in their plan saying that they consider this "my income" do I have to send the Dependent Lump Sum payment to my LTD company?
SSA say the courts often turn a blind eye to this illegal action (her words), but cant this cause problems with me if I have to account for the $ being used for my children and I cant because it went to pay a debt the LTD company is claiming I owe based on my income?
My LTD policy states that they consider any payment on my record for myself, spouse and/or children income to me and they will reduce my LTD payments by this amount, and any SSDI payments for the period I received LTD payments (back payment) including back payments for my children will be considered an over payment and must be repaid.
I'm very confused because
1. some atty's say LTD has the right to deduct dep benefits, others say it is completely illegal
2. Social Security says that it is illegal for LTD to deduct child benefit amounts because these are not considered "my income" but are for the sole care of the child
3. Some attys say LTD has the right to dep back pay, others say they do not under any circumstance
4. Social security says dep back pay is absolutely not to be used to pay my debt to the LTD company because I will be asked to prove what I used it for and and my "over payment" debt is not considered care of the children
My LTD plan isnt paid out based on the number of dependents I have, but SSDI is until they turn 18. So, if SSA says this is not legal but the LTD co has the terminology in their plan saying that they consider this "my income" do I have to send the Dependent Lump Sum payment to my LTD company?
SSA say the courts often turn a blind eye to this illegal action (her words), but cant this cause problems with me if I have to account for the $ being used for my children and I cant because it went to pay a debt the LTD company is claiming I owe based on my income?
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