Domestic Partner Social Security being considered an offset to my Disability payment

[linlosho]

What is the name of your state (only U.S. law)? MN

What is the name of your state MN.

I am currently receiving SSDI and also a monthly LTD payment for my disability.
I did file an affidavit of Domestic Partnership with my previous employer and it is still in effect.

My domestic partner turns 62 this coming June and wants to take her social security early. I am wondering if my monthly disability payment from my provider will consider her social security payment an "offset," to my disability payment?


My benefits booklet states the following:

"the term spouse" is defined as an individual who will never be considered the spouse of a person of the same gender.

Then the definition of "domestic partner." They are emotionally committed to one another and are jointly responsible for the common welfare and financial obligation of the household, or the domestic partner is chiefly dependent on the LTD recipient for care and financial assistance.

Secondly, I may claim my domestic partner on my taxes for last year and I do qualify to do so because I provide more than 50% of her income but I do worry that if I claim her, this may also be enough to allow my LTD payment provider to consider her social security an "offset," because she would be listed as a "dependent," on my taxes?
I guess the question is if she is considered a dependent either on my taxes or as defined by the Domestic Partner affidavit and is getting health and life insurance under my old employers defined benefit plan then can use that to offset my payment with her social security.

I do not understand the legal ramifications of having provided my LTD provider a "Domestic Partner Affidavit," and how it can be utilitized in this senario. I know that it was necessary for me to have one on file just to be able to provide my domestic partner with health and life insurance benefits for which we pay big premiums for, but I would not have done it just for that if it meant it would keep her from receiving her social security benefit. Sorry, I may be rambling...I am so skeptical of these companies and this just doesn't seem fair that they could punish her for my disability?

I'll await responses, thx

[linlosho]

Your disability payment paid thru your employers administrator like MetLife etc can be taken as an offset if your partner is listed on any benefit plan your employer offered. In my case my partner would receive 1/4 of my retirement if I should die and that is enough of a benefit to cause the offset to occur. This also applies to health care coverage, life insurance etc. just an fyi. You will need to dissolve your partnership affidavit and make other accomodations if you do not want your disability to be offset by your partner's social security payment at age 62.

[linlosho]

Your disability payment paid thru your employers administrator like MetLife etc can be taken as an offset if your partner is listed on any benefit plan your employer offered. In my case my partner would receive 1/4 of my retirement if I should die and that is enough of a benefit to cause the offset to occur. This also applies to health care coverage, life insurance etc. just an fyi. You will need to dissolve your partnership affidavit and make other accomodations if you do not want your disability to be offset by your partner's social security payment at age 62.