Paying Back Insurance Benefits When Getting SSDI

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.

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When I started receiving SSDI benefits the monthly payments from the long term disability were cut so that the long term disability 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 disabled person. I made good money and I guess 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 ex-wife 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 disability and I wanted to take care of my children. So my oldest son lived with me until 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.
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This is where the problem begins. I qualified 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. So the second time I won SSDI benefits going back to 2004. That is back to the first judge's decision of "no". The second judge would not go over the first judge's decision 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 ex-wife. 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 disability 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 witnessed it. Well she got the SSDI back pay and kept it and did not pay it back to the
long term disability insurance. The long term disability insurance said I would have to pay it back.

So I owe money that I never received in my name. My ex wife got paid child support and kept 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.
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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 straightened 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 judgment from the first judge was overridden.

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 since there was a mistake at the SSDI office. Now, my wife at the time, and both sons lived with me until 2004, this money goes back to 2001 and then my oldest son 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.

Thanks,
Ron from LA.

March 24, 20080 found this helpful

The representative beneficiary (your wife) is responsible for paying back the portion that was sent to her, not you.

Appeal the decision for the reasons stated above. If it goes to a hearing, the ALJ will surely rule in your favor.

Also, contact your local Independent Living Resource Center and ask if they can help resolve this situation.

(I work as a contractor for the OHA as a hearings monitor)

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March 25, 20080 found this helpful

Ron, I'm not able to answer your question unfortunately. But I have gone through the process of applying for SSD and am currently receiving benefits. One of the most helpful sources of information I found was a website on MSN. The site is http://groups.msn.com/SocialSecurityDisabilityCoalition

My suggestion would be to post this question there and the site's founder, Linda Fullerton will help you find the answer.

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March 25, 20080 found this helpful

How about asking the lawyer who won your appeal and got you the money in your checkig account? He or she should know who can help you.

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March 25, 20080 found this helpful

Call your local Assemblyman/Assemblywoman ,tell them your story & ask if they can help direct you to someone that will help.Ours told me to get a lawyer and tell the JUDGE that they wanted a letter because they were interested in the results of the case.. I finally won disability. It was automatically changed to SSI when I hit that age.Good Luck and Don't give up. GG Vi

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March 26, 20080 found this helpful

Have you contacted the long term disability company and told them what is going on? Maybe they would pursue her for the repayment. Otherwise it seems that you need a lawyer to straighten this out and to make sure that your exwife only received the child support that was due her if any. Good Luck!

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March 26, 20080 found this helpful

Assemblyman/Assemblywoman

I don't understand who you are talking about. I never heard of that postion here.

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March 26, 20080 found this helpful

local Independent Living Resource Center

I don't know who this is also.

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March 29, 20080 found this helpful

WOW! If you paid your child support out of pocket I hope you have receipts. If the money was paid directly to your exwife from your long term insurance. I don't understand how your responsible. I received SSDI for my two sons from their father before he passed. I can tell you that the SSDI that is paid to your exwife is your child support as long as it meets your obligations. If not you will have to meet the gap or file a hard ship to get it lowered. Or in my case I just exceptet the SSDI and didn't hold him for the gap. I knew he couldn't do anything about his situation but some people are just looking for a dollar. Can you prove that the children lived in your home for the times you stated? Take your proof to your local SSI office. They might not do anything I asume that you didn't have physical custody your exwife did. That's a court matter if you can prove the children were with you SSDI for that time should go to you. You really need to take the matter to court to change the physical costody times so its documented that you had the children. Then she will not only owe the money back to the insurance company but to you as well. That will prove to the long term ins. and SSDI money was not hers in the first place and go after her. You hear about men getting the raw deal all the time in support and costody issues. You have to fight this battle. You should not have to pay double and that is what will happen if you don't.

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