Q: How can my employer force me to pay back monies received in my SSDI case as a rep. payee for my minor dependents?
I received payment for my minor child as a result of my SSDI payments. It states these are to be used for the child, however, my Disability Insurance company is now trying to deduct the monies I received for my son from my current Long Term Disability. I was told that is border line illegal?
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- California
- (916) 704-3009
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- Answered
A:
Your employer's disability insurance company should not attempt to offset your SSDI dependent benefits, as these payments are specifically designated for your child's care and are separate from your own SSDI benefits. These dependent benefits are protected by federal law and are meant to provide support for your child while you are disabled.
This practice by the insurance company appears questionable, as dependent benefits are not considered income to you personally and should not be counted against your Long Term Disability payments. The Social Security Administration clearly states that these funds must be used for the child's needs, and attempting to recoup them through your LTD benefits could indeed raise legal concerns.
You should consider taking several steps: First, document all communications with the insurance company about this issue. Second, contact the Social Security Administration to report this situation and get clarification on your rights. Third, reach out to a disability rights attorney who can review your LTD policy and advise you on the legality of the insurance company's actions - many offer free initial consultations. Fourth, submit a formal written protest to your insurance company, citing that dependent benefits are separate from your personal SSDI benefits.
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