CAN LTD TAKE MY KIDS SSD?

Discussion in 'Fibromyalgia Main Forum' started by shmilycsc, Jan 9, 2006.

  1. shmilycsc

    shmilycsc New Member

    HI
    I JUST GOT APPROVED FOR SSD IN DECEMBER. I AM STIL WAITING FOR MY BACK PAY. MY DAUGHTERS WILL GET PAY TO. MY LTD CO. TOLD ME THAT THEY WOULD TAKE ALL OF MY AND MY GIRLS RETRO CHECK. AND FROM THEN ON IT WOULD BE AN OFFSET FROM MY LTD CHECK. WHICH MEANS THEY WILL STOP PAYINGMY LTD BENEFITS UNTIL MY YOUNGER DAUGHTER TURNS 18, THEN THEY WILL PICK IT UP AGAIN,.

    IS THIS RIGHT? THEY SENT ME SOME PAPERS TO TAKE TO THE LOCAL SOCIAL SECURITY OFFICE FOR MY CHILDREN.
    DO YOU THINK THEY CAN TAKE IT FROM THEM, IF I HAVE THEIR RETRO PAY DEPOSITED IN THEIR PERSONAL BANK ACCOUNT? I DONT MIND PAYING MY RETRO BACK.IT IS JUST TAKING MY CHILDRENS SEEMS UNFAIR SINCE THEY HAVE NEVER GIVEN ME ANY PAYMENT FOR MY CHILDREN,

    THANK YOU CAROLYN
  2. Marjidoll

    Marjidoll New Member

    I don't know if they can do this or not, but I sure would be on the phone with a good SSD attorney as soon as possible.

    I agree that it does not make sense for them to take your SSD back pay from your children. Please check into it right away.
  3. shmilycsc

    shmilycsc New Member

  4. shmilycsc

    shmilycsc New Member

    I HAD TO TAKE SOME PAPER WORK TO THE LOCAL SOCIAL SECURITY OFFICE, STATING THAT MY 18 YEAR OLD IS STILL IN SCHOOL.THEY SET ME UP WITH AN APPOINTMENT ON FEB 7. I DID ASK THE LADY WHO WAITED ON ME IF THEY COULD DO THIS. SHE SAID SHE DIDNT THINK THEY COULD SINCE THEY HAVE NOT GIVEN MY GIRLS ANY BENEFITS AND WHEN I COME INTO MY APPOINTMENT TO MAKE SURE THAT I TELL THEM WHAT THEY ARE TRYING TO DO.

    I HAVE HAD ALOT OF TROUBLE WITH MY LTD..THEY ARE ALWAYS SAYING THAT THEY WERE NOT GETTING MY MEDICAL RECORDS.....AND THEY WERE GONNA DENY ME. I WOULD CALL MY DOC AND THEY WOULD TELL ME THAT THEY SENT IT AND GIVE ME A CONFORMATION NUMBER. THEN I WOULD CALL MY LTD CASE WORKER AND SHE WOULD SAY WELL WE NEVER GOT IT. SO I WOULD CALL MY DOC OFFICE AGAIN, AND ASK THEM TO RESEND IT.

    THEY HAD ME DO A FCE TEST AND THE RESULTS SHOWED THEM THAT I AM DISABLED AND NOT ABLE TO DO ANY KIND OF WORK,.

    I AM SO STRESSED AND ANGRY ABOUT THIS.
    NOT GOOD FOR MY FIBRO.

    THANKS FOR LETTING ME VENT CAROLYN
  5. obrnlc

    obrnlc New Member

    hi carolyn--i just read this post after you answered mine--now I am BOILING mad!!!!! I don't think they can touch your kids' money, in fact, I don't understand how they can touch OURS!! (wishful thinking on my part, i haven't had my hearing yet, but congrats on your approval!) The whole purpose behind the overpayment, as far as I can understand it, is so that you don't make more money on dis. with combined ltd and ssdi than you would have working, but mine is only 50% of my wages, and the ssdi will be even less, so how can they get any of it? And, again, why should they get it, i would rather see SSA KEEP any excess as they are in a bind and the LTD companies get HEFTY premiums paid to them. I don't see any of this in my LTD contract, and no one in my human resources dept. is familiar with it. My ssdi lawyer is employed by my ltd company, or at least assigned by them, and i have seen mention in the notes that the overpayment issue has been discussed and agreed to by me, but i sure don't remember that! And they can't offset with your children's ssdi income, i think that is a bunch of &*^% that they are trying to hand you, PLEASE don't fall for it or be so willing to pay back yours until you get all of the facts straight. By the way, i see that everyone on here has gotten the old "your doctor never sent records" run around, i was actually blaming my docs, i wish that they had kept the fax conf. #'s. I sure would appreciate input from all others on this matter, and don't let the stress get to you, My feelings are that all of these companies are trying to get out of their contracts on the "death" clause, the slime balls! Good luck-L
  6. mylilcherub428

    mylilcherub428 New Member

    I dont see how they can take your childrens money considering you have to sign a paper fom social security saying you will only spend the childrens money on them I would talk more to the social security office.Good Luck keep us updated! kim
  7. Crispangel66

    Crispangel66 New Member

    My brother won SSD and the insurance company did take my brother settlement checkbut they did not take the check my niece got, so they shouldn't take you kids check.

    Pamela
  8. obrnlc

    obrnlc New Member

  9. obrnlc

    obrnlc New Member

    hi mcd--finally--someone that can explain this to me? please let me know, as i don't understand it at all, neither does my attorney, ssa, former employer, etc. in fact, i can't find any explanation for it other than it does happen--please enlighten. Many thanks--L
  10. obrnlc

    obrnlc New Member

    hi mc--i still don't quite "get it" but i think that its fibro fog, thank you so much for taking the time to explain. I was at least able to print it and study the concept. I used to be a fairly intelligent person, now i struggle with the simplest mind functions!! Thanks again, and good luck with your illness. You and your daughter look very happy, thats one of the keys to survival! L
  11. yuckie

    yuckie New Member

    MCD is exactly right. I just thought I'd weigh in since she has the technical explanation and I am going through exactly this right now. My attorney warned me about it from the very beginning and the minute the LTD was awarded, they came back for the overpayment and my daughters (13 years old). They also have done the calculation to offset from all future payments. The contract does state this but I probably wouldn't have found it if I looked. One thing to note, if you used an attorney, they should deduct what you paid him for your SSD award from the overpayment they are trying to collect.