disabilty s.s. and privite insurqance payments

What is the name of your state? indiana

First ihave a lawyer that has done very little to help me get my s.s. disablity. it has been 4 years and i had a hearing with the judge for a second time in nov. my lawyer asked the judge for two weeks to (i guess) rebuttal what the lady about jobs had to say, but I just found out that he did nothing and the judge is requesting his arguements now. but that isnt my question i guess that one may come later. if i win this time and get all the back disablity for the last 4 years my private insurance for disablity that has been paying me all along will want that money. how can i keep it? i sure do need it and i didnt know that they would want it when i started paying for the insurance and i didnt know that i would become disabed. can i file for bankruptcy and still keep that money, i have other medical bills that i would like to discharge also. I would also like to know if there is a way to maybe sue the insurance co to keep the differance of ss and what they pay me. I think it is unfair that i can't have both since i payed for the insurance i should be able to have what they pay me and what ss will pay. Thanks

[Ladynred]

Don't think you can have your cake and eat it too.

You've paid the private insurance for what you've been using the last 4 years. If the gov't turns around and pays you ALL the back-owed gov't disability, why should you think you can keep both ?? Think of it as an exchange instead. I don't think bankruptcy would allow you to keep that money either, though someone else here might know. Bankruptcy is for people who are having a hard time and need relief, not for just keeping money you're not entitled to have.

I AM SORRRY, if you got the impression that I just wanted the money. Your wrong. I have been unable to work for the last four years with a painful disability and if you think i am made of money your wrong there too. i have had to borrow money to keep from losing everything i own and doctor and thier bills plus meds , bottle after bottle are not what i want my life to be,, but sitting , no,, because i cant sit for very long, around , losing all my friends , or what i use to think where friends is not a piece of cake. I certainly hope you never get sick or disabled while you sit there on your soap box. yes i want to get and keep this money I think I deserve too. Fighting insurance copanies to get what I paid for wasnt easy either but maybe you never heard of bad faith claims. I can see that this is not the place to get help and I wasn't looking for simpithy.

[Ladynred]

I wasn't on any soapbox and I apologize if you thought that. I've had my share of bad times in the last 5 years, I can sympathize with that, though I've not had to deal with a disability.

I really do not think that you are going to be able to keep that money, badly as you may need it. I don't *think* you could have it discharged with bankruptcy, but you should definitely check with an attorney on that anyway - you might luck out, who knows.

It sounds to me like you should probably file for bankruptcy anyway. It will get you out from under ALL your medical bills and any credit bills you may have and free your disability to pay for the necessities that you DO need. Your disability income cannot be garnished or seized, and if you have few assets, then suing you for the debts wouldn't get anyone anything if you don't declare bankruptcy. But lawsuits and judgments are a pain in the behind so BK might be a better solution for you.