Ex wife and SSDI with long term disablilty insurnance. This has two parts. Please loo

[ronnyd8719]

What is the name of your state? Louisiana
Hi. I have a problem!!
I had a heart attack and back injuries in 2001. I was not able to return to work. I was told my a number of doctors. It took till 2006 for me to get SSDI benefits. Before I had SSDI Benefits I had a long term Insurance that I had though work. They were paying me a monthly income from 2001 till 2006. It was based on 60% of my working salary. When I started receiving SSDI benefits the monthly payments from the long term disablity were cut so that the long term disabliity and SSDI would be equal to 60% of my salary of when I worked. This not a problem I understood this. My problem is in 2003 my wife did not like living with a disable person. I made good money and I guest that is why she stayed, but she wanted a divorce. In 2004 we were divorced. My oldest son wanted to live with me. For this to happen I had to pay my exwife more money than the court ordered. I love my son and I wanted what he wanted. I was able to pay child support due to having long term disablity and I wanted to take care of my children. So my oldest son lived with my till 2006. He moved back with his mother due to not wanting to change schools. I got married and he could have lived with my new wife and I but he did not want to move and have to make new friends.
This is where the problem begins. I quailfied for SSDI in 2006.I lost the first time I saw the judge. So I had to start all over again with a new lawyer that was good. The first one I will not go there.So the second time I won SSDI benefits going back to 2004. That is back to the first judge's desicion of no. The second judge would not go over the first judge's desicion and I understand that.
So both of my sons were living with my ex wife at this time. So the back pay for the children went to my exwife. Now I was paying child support. More than I was ordered by the court. When I got back pay it had to go back to the long term disabilty insurance. My ex wife and I knew this from the time I started receiving long term benefits. I signed a paper to the fact and she winess it. Well she got the SSDI back pay and keep it and did not pay it back to the
long term disiblity insurnace. The long
term disibility insurnace said I would have to pay it back. So I owe money that I never recieved in my name. My ex wife got paid child support and
keep the back pay. She got paid twice
for child support. Well I took it in
stride and figured I would pay it back. My children run around in torn clothes and I have to purchase clothes for them to wear when they are my house, but I can't do anything about it.
Now a couple of weeks ago I notice I had a large sum of money in my checking account and it was from SSDI. I did not know why I would receive any money that was all straighten out. I forgot to
tell you I paid the back pay I received
to the insurance company. I found out today
it was not a mistake. The first lawyer
that I had working on my SSDI filed
an appeal for me and I had no idea. The judgement from the first judge was over ridden. So I
got back pay going all the way back to
2001. Now my ex wife got back pay also and
she will not pay this back to the insurance again. It is much more money.I can't pay
this money back. I have not paid my
part back to the insurance company at this time due to I though there was a mistake at the SSDI
office. Now, my wife at the time and both sons lived with me till 2004 this money goes back to 2001 and then my oldest sone lived with me till 2006 and I paid child support and the backpay money needs to be paid back to the insurance company. This is money that the check was never in my name. So I don't know what to do. I don't have the money to pay it and I do owe it. Please anyone if you know what I can do tell me. If you have anything for me to try please let me know. I don't know what to do so I am turning to all for
answers. SSDI will not help. They say the money is for future use. Also my oldest son is now 19 and my ex wife is still getting the same as she got for both children.I am sorry this is so long, but I wanted to tell the whole story. So please give me whatever you think. You may not know but it may help me. How many people would hate to get more money. I don't want the money due to have to pay it to long term disablilty and then my what my ex wife will not pay and then pay taxes on the money that was never mine. It is a bad place to be.

Thanks Ron

 

[GatorLaw]

Translation?

I am having a hard time following all of that information. Please correct any inaccuracies:

• Disabled in 2001, unable to work, you received long term insurance
  
• 2004, you are divorced, your wife has custody? you payed more than required child support so wife would allow oldest son to live with you
  
• 2006, you remarried and moved, your son returned to his mother's home
  
• 2006ish, your first claim to SSDI was denied, you got a new lawyer
  
• 2006, you were accepted for SSDI benefits and awarded back payments to 2004. Your Insurance company demanded the money because they were paying you long term disability back then.
  
• (Unsure) SSDI paid the money to your wife and not you. Wife keeps money and you are stuck with a bill from the Insurance Company (Unsure)
  
• (Unsure) Your first lawyer from your first SSDI claim filed an appeal and won it. SSDI paid you back pay for this all the way back to 2001 to your wife again. (Unsure)
  
• (Unsure) SSDI also put a large amount of money into your bank account for "future use" (Unsure)

Questions you probably have for others to answer:
1. How do I get the money the SSDI sent my wife to the insurance company or myself?
2. Why is my child support the same when one of my sons is 19 years old?

 

[ronnyd8719]

#1 (Unsure) SSDI paid the money to your wife and not you. Wife keeps money and you are stuck with a bill from the Insurance Company (Unsure)
#2 (Unsure) Your first lawyer from your first SSDI claim filed an appeal and won it. SSDI paid you back pay for this all the way back to 2001 to your wife again. (Unsure)
# 3(Unsure) SSDI also put a large amount of money into your bank account for "future use" (Unsure)

I think this is the easy way to answer. Thanks for reply.

#1 I received back pay for myself and my ex wife received back pay for the two children.
The way the LTD was setup I have to pay back all moneys that I get from SSDI for myself and children and my ex spouse. So the back pay I received I paid to the LTD. The back pay that my ex wife received was to go to the LTD, but she keep the money. The LTD wants to be paid back for that money. The checks were not in my name and I never saw the checks.

#2 I had a SSDI lawyer I had a hearing twice in front of the judge and he denied me.
You can only go in front of the judge two times and if your are denied you can start all over again. So that is what I did with a new Lawyer. The other lawyer was not good at his job.
This second lawyer got me my SSDI the first time I went to the judge and I never went in front the judge. The second judge would not override the first judge, so he went back till the first judge said I was not disabled which is 2004. I got my backpay and paid my part. This is where my ex wife did not pay the back pay to LTD. She keep the money and the LTD said I am responsible to pay it back. At the time my ex wife and I were married. It thought if you married you were as one and if I owed it she owed it. She also knows it should be paid back due to she signed the papers as a witness.

#3 I got my back pay to 2004. My ex wife received it for the children. This is the same money as above. I paid the money to the LTD. Me ex wife did not. I had figure I would pay the money that she did not pay and write it off as getting divorce a learning thing.

I thought that was it. I would receive my SSDI and the LTD payments and I would pay the money back that my ex wife did not pay.
Now One weekend I was checking my bank account online and I had a lot of money in my account and it was from SSDI. I figured it was a mistake. I contacted SSDI and they said it looks like the money is yours. I don't want the money due to if I got this much money my ex wife has a nice check for the children. SSDI did not know where the money came from. SSDI started checking on it and it took 3 weeks to find out that the first lawyer I had that did not do a good job had file an appeal without my knowledge. This is like a year after I thought all was settled. I did not know that this was pending. The decision of the first judge was over turned. This is where the money came from. The money my ex wife got should be mine due to me supporting the whole family till 2004 when we got a divorced and then I paid child support. I paid more than the court ordered because my ex wife would not let my older son live with me if I did not pay her the amount she wanted. I love my children and will do without to give them what they want.
So at the time I owe the LTD a lot of money and my ex wife is saying she did not get anymore money, but SSDI said they sent her a check for the back pay. I don't know where to turn. I don't know what kind of lawyer to talk to. Any help or option would be great. I hope I explained it well enough. If you have anymore questions I will be more than happy to answer them and thanks for your time.



Ron