Subtracting daughter's SS benefit

[mmcclure]

What is the name of your state? Georgia

I recently became disabled and applied for long-term Social Security benefits as well as for benefits under the long-term disability company that I had paid premiums to for almost seven years. I was approved for both. I knew that the long-term disability insurance company would subtract the amount of SS benefits that I receive from their payment. However, I was recently told that my daughter's Social Security benefits would also be subtracted from my payment as well. To add insult to injury, they are also demanding payment from me for the month that I and my daughter were first entitled for SS benefits, even though I never received money for that month. Social Security pays over one month behind each month. I have received two payments and the insurance company is demanding that I pay them back for three months. I cannot afford to do this and need to know if they can do this to me. Also, can they legally take my daughter's SS away from her? The checks for her have to be direct-deposited into an account that is in her name and the money can only be spent on her needs. For the insurance company to take this money seems discriminatory - someone without any children would not have this deduction (nor the expense of a child).

 

[CIAA]

Dear mmclure, here is what I would like for you to do: Get with SSD and find out what your benefit would be if you had no dependents. It would seem, and I would certainly argue, that is the maximum amount the insurance company is entitled to deduct, that any additional amount cannot be said to be a portion of yours set aside for her benefit.

Secondly, I would like for you to visit our web site and read the new case on how your "total earnings" can now be figured before your deduction for SSD. Depending on how your policy is worded you may be able to count total income as not only what your regular salary was but also include bonus, insurance premiums and retirement contributions paid by your employer on your behalf, etc. This can have the effect of increasing your monthly benefit when "total income" minus SSD is multiplied by the percentage (60-70%)the insurance company uses.

GOOD LUCK