long term disability

[b russell]

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

My husband is about to be receiving long term disability benefits from Unum insurance. The policy states that family social security benefits will be deducted from his payments. I have been on SSDI for over 20 years, if I start collecting a higher amount using my husband's work record, can they deduct that from his payments? The policy defines family social security disability benefits as:"if you have children under the age of 18, or your spouse is age 62 or or older, they could be eligible to receive dependent social security benefits based of your work history". Neither of those two scenarios describes my situation. I'm 55 and all of my children are grown. If there is a chance that they can take my check because I start to collect on his work record instead of mine, I'll forego the extra money and stick with my own work record, even though it means less money.

Thank you, B Russell

 

[MarieCollett]

if you have been receiving your own social security disability then it is almost definetly not a deduction to your spouses benefit. the only tricky part is that you would be collecting off their work record, but is most circumstances they won't even look into spousal benefits if it is known that you are disabled and receiving your own social security. especially if you provide that information at the begining of the claim, later on when the claim comes up for review the rep won't even look into it.

most of the time they only request that information when a claimants spouse has turned 62 and is eligible for dependent social security. just be honest and let them know you are disabled. a note will go in your spouses file saying "spouse is disabled" and then generally that's it. the policy provision is in their to keep premiums low and to account for the additional benefits paid from SSDI to cover expenses for dependents.

where you are both disabled and on social security, then neither of you are more dependent on each other than the other.

of course every situation is different, but in my experience that is the case.

 

[b russell]

Thanks Marie,
I did explain all of this to the insurance co. but they said they had to look into it, and their response was that anything that was a benefit of my husband's disablity would be considered an offset and would be deducted. I'm already entitled to disability, this would only be an increase in my benefit because I would be using his work record. I need a definitive answer before I file for the increased amount. I'm not going to let them take my check, but I also don't want to give up the extra money if I don't have to.