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SSDI Lump Sum to ex spouse PROBLEM!!

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clevegreg

Junior Member
What is the name of your state?What is the name of your state? Ohio

I have been on full disability through my companies LTD carrier (UNUM) for almost 4 years. They had me apply for SSDI last year and it was approved. Per the contract, they "get" the lump sum payment that SS sends when you are approved as an offset to their payments.

My ex-wife is the custodial parent of my 2 children. I had her apply for the family portion of SSDI per the request of UNUM. Naturally since I was already approved the kids were approved.

Two questions:

1. She will not send the overpayment amount back to UNUM. Naturally UNUM is holding me responsible for this. I have my family attorney trying to work with my ex's attorney to get her to send it back. She is very wealthy and doesn't need the money. It is almost $11,000. Any thoughts on taking her to court to get the funds returned? I gave her copies of the UNUM dosuments that describe the repayment requierement before she filed, and she verbally told me she would do so.

2. My child support post disability was reduced from $650.00 per month to $350.00 per month. The kids will be getting just over $800.00 per month from SSDI, and UNUM is reducing my benefit by that amount. The net is that I have $450.00 per month less income. Is there any way to limit the amount that the kids receieve, or to get UNUM to limit their offset?

Thanks!
 


BL

Senior Member
What happened to the LUMP SUM you personally were approved for ?

That should be the payment they are entitled to .

You should have got a back amount for yourself .
Your X should have got a back amount for the children .
 

clevegreg

Junior Member
I sent the overpayment to me back shortly after I received it. The policy from UNUM reads that they get the family portion of the lump sum as well. Am I wrong??????? :confused:
 

BL

Senior Member
I'm glad your working with council , because what gives the other Ins. Co. the right for you to sign away your child's share, as the SSA determines that, no one else .

Has either you or better yet , your attorney contacted SSA ask ask if it's legal for the Ins. Co. to take the kids portion ?
 

clevegreg

Junior Member
SSA says it is a common practice for private insurers to "take" the overpayment. They will obviously not take the monthly payment from SSDI to the kids.

The main issue I am dealing with here is that my LTD insurance policy is very clear that they will take the overpayments and reduce my monthly payment by the amount that I am getting in SSDI income.

My ex was given this info before any payments came her way and agreed to send it back. Now that she has gotten the overpayment she doesn't think she needs to. I am the one who is on disbability and will be held responsible for those funds, per the LTD insurer. The last thing I need is to have them reduce my monthly income to cover repayment of this "overpayment".
 

ellencee

Senior Member
clevegreg
I think the problem lies with UNUM"s interpretation of what is owed to them as repayment for your disability payments that were 'double-paid' via the lump sum initial payment of your SSDI benefits. UNUM did not pay any benefit to your children, did they? UNUM only paid your disability wages.

You would be receiving the same amount in SSDI benefits if you had no children as you are with children. Social Security does not deduct the child(ren)'s payment from what the parent receives in monthly SSDI benefits.

UNUM is not entitled to receive repayment of any monies except UNUM's payment of disabiltiy wages for the period that SSA has now paid you in the lump-sum, retroactive payment amount.

Get out your UNUM policy and use the policy's declarations of benefits to show UNUM: ($ amounts are for explanation only)
that you only received, for example, 60% of your wages as disability income, for a monthly benefit of $1,000,
that SSDI benefits are being paid to you at 60% of your wages, for a monthly benefit of $1,000,
therefore, only the 12-month period of benefits paid by (both) UNUM and SSDI are reimbursable to UNUM.
The children's benefits amount was not paid by UNUM, at any time, and therefore is not reimbursable to UNUM.

Your monthly benefits should not be reduced to pay any portion of the children's lump sum benefits. Regardless of how rich the mother is, the children do not owe the SSDI benefits to anyone. The mother will have to submit to SSDI, annually, an accounting of how the money was spent, or saved, for the children.

EC
 
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clevegreg

Junior Member
Thanks for your response. I understand what you are trying to say, but there is one matter that I am not sure I understand. You stated that:

"You would be receiving the same amount in SSDI benefits if you had no children as you are with children. Social Security does not deduct the child(ren)'s payment from what the parent receives in monthly SSDI benefits"

I receive My benefit, then there is an additional FAMILY benefit. So we are talking about 2 different SSDI benefits. I understand that I wouldn't be getting more benefit dollars, but the combination of the two is more than what I would get alone.

My policy states that 'Deductible sources of income includes: "The amount that you, your spouse and your children receive or are entitled to receive as disability payments because of your disability under: the US Social Security Act..."

So are you saying that UNUM can reduce my benefit by the total amount that I am recieving from SSDI, but they cannot get the lump sum from my kids SSDI payments?

This whole thing is making me sick. I don't have a clue how to proceed, or even to tell my attorney what avenue to pursue. All I know is that UNUM is expecting to get the kids lump sum SSDI payment back, and will cut my benefits until they do.
 

ellencee

Senior Member
clevegreg
"My policy states that 'Deductible sources of income includes: "The amount that you, your spouse and your children receive or are entitled to receive as disability payments because of your disability under: the US Social Security Act..."
OK--I am not familiar with a policy declaration such as this, having never seen a policy with these limitations--so, I believe I gave you an incorrect answer.

If your LTD carrier agreed to pay you only the difference between it's maximum payment to you each month (60% or $1,000 in previous examply) and any money you, your wife, and your children receive from SSDI, then you do owe UNUM your SSDI benefits for the affected months AND you owe UNUM the amount the children received for those months. Your ex-wife does not owe UNUM any amount and the children do not owe UNUM any amount.

I suppose you had the obligation to find out the estimated benefit that would be paid to the children and to set aside that amount of money each month so it would be available to repay to UNUM.

Can you do anything about it? I don't know. You could ask for a lenient monthly repayment amount. You could ask for the amount to be 'forgiven'. It couldn't hurt, probably won't help.

EC
 
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ronnyd8719

Junior Member
clevegreg

Hi! I just looked in a mirror I thought I wrote everything you just wrote. I have children with the ex wife. I had LTD and got back pay and my ex did also and she will not pay it back. Like I said a mirror the only things you did not say and they may have happened to you, but you did not say.
I paid child support due to having the LTD and now she will not pay it back. So she is double dipping. The is against the law. We are still in a nine line bind. I am like you and don't know where to turn.

This is my post from from last night. We need to talk. If one of us find out something maybe with can tell the other and it will help. I know the boat you are in. I have a bad heart and the stress is not good.


https://forum.freeadvice.com/showthread.php?t=398683

Hang in there we have to be able to do something. I don't how are when. My email is [email protected]
 

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