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-   -   A question... (https://www.neurotalk.org/social-security-disability/33059-question.html)

ol'cs 11-30-2007 04:54 PM

A question...
 
For all who know so much more about the "system" than i do.
Question- When employer says they pay 70% of your "base salary" minus any social security, is it correct that they include ALL social security payments awarded to my total family and not just me? That is my wife gets part of the award for my disability made out solely to her with an amount for her and the children included. This is not a part of "my" paycheck, i have no control over it. It is like my wife is given money for my children as if I wouldn't spend it on them myself (and i give them every cent anyway). She can spend it on anything she wants. Meanwhile , i get this amount in reduced long term pay from my company. Is this true and correct? It sounds to me like an automatic garnishment of wages, just beacuse i happen to be married with children cs

bebop 11-30-2007 06:02 PM

are you on workman's comp? and social security? I know there is an offset on that. I settled my wc before I applied for ss

ol'cs 12-01-2007 04:09 PM

bebop...
 
no workmans comp, just ssdi and company's private plan. They say that they pay 70% of your base salary minus any ss benefits. Since ssdi pays part of the benefits directly to my wife and kids for their loss of me, it doesn't make sense that they take that out of my wage. It seems like some kind of garnisment penalty, even though i stress that all my money goes to them anyway. What i'm geting at is should my employer not take off the money that ssdi gives to my wife and kids because it is a part of ssdi's package for me becoming disabled. It seems like a penalty towards me, because i got sick. I think that the company should be paying me the promised 70% of my base wage and the "extra" that ssdi pays to my wife and kids should be looked at as helping to make up the 30% (actually 50% when bonus is considered) that i lost from becoming disabled. Is this clear, now? cs

monicad1974 12-02-2007 11:07 PM

Your children should get their own amount. It is for their welfare just like child support. It is to care for your kids. My aunt gets ssd and her boys did til they were 18.

bebop 12-03-2007 11:59 AM

I do understand now. I don't agree with companies doing that but that is just how they do it. it is considered an offset. stupid huh? after all you did pay into it.

b2006 12-03-2007 02:55 PM

My LTD works the same way, the insurance carrier offsets (deducts) any funds paid by social security disability regardless of whom the recipient is.
Sadly, when dealing with employer provided LTD group coverage, it's quite standard these days.
Even though the children's benefits are to be used for the support of the children, they still count it as total family income and reduce what they pay.

When your children reach the age of no longer being eligible to collect SSD benefits off your record, your LTD carrier would then be responsible to increase the amount that they had been previously offsetting. (Assuming if you are still disabled at that time)

b2006 12-03-2007 02:57 PM

My LTD works the same way, the insurance carrier offsets (deducts) any funds paid by social security disability regardless of whom the recipient is.
Sadly, when dealing with employer provided LTD group coverage, it's quite standard these days.
Even though the children's benefits are to be used for the support of the children, they still count it as total family income and reduce what they pay.

When your children reach the age of no longer being eligible to collect SSD benefits off your record, your LTD carrier would then be responsible to increase the amount that they had previously offsetting.

ol'cs 12-10-2007 02:26 AM

Thanks people....
 
Finally somebody understands!!:)
When I phoned SS about this they were rude to me, like I was trying to take and keep ALL the ssdi payments from them to me, like I had some kind of a problem giving money to my wife and children. No explaining could get them to get it, I felt humiliated, like I was some kind of greedy father who would see his children starve.
For those of you who STILL don't get it, all I was asking is that if you are going to pay ME, MY SSDI benefits, do it as if I was working, just pay me whatever to make up 70% of my wage and I'll take it from there, just like i used to when i was working. I mean GOBZ, they get it all anyway, sheeesh.
STill don't get it?:rolleyes:
They said that they would pay ME 70% of what I earned, MINUS what SSDI PAYED ME. So because my wife and kids get a cheque from SS (I assume because I paid for all these years thinking it would be a benefit that because I have a wife and kids, that they would get something till they are 18, or in my wifes' case till I die or reach retirement, as a means of offsetting the fact that NOW I DON'T HAVE NEARLY ENOUGH MONEY FOR THEM TOO. IN other words, if i was single, no kids , i'd get 70% of my wage paid to me. BUT because I have kids, it's like my company gets away with paying me what amounts to LESS THAN 70% of my income , because cheques go to my wife and kids in THEIR names. What is missing is essentially a "penalty" for having a wife and kids, what woulld be a little extra for them, payed by SS, is really, just taken from ME, so their is no EXTRA for them. We ALL have to live on a much reduced wage because I got chronically, terminally ill.
Don't get me wrong; I'm damn glad we aren't living under a bridge, and thank my lucky stars for ssdi, I just think it stinks that what would be "welfare for the dependants of the profoundly ill and dying" is REALLY "welfare for the corporations". Does this make sense to everybody now?
I would absolutely LOVE to be able to work my job that i spent 20 years and over $200,000 to obtain, I would be on easy street (or is it "boardwalk" in monopoly:D) but because I CAN'T Work, through no fault of my own (and might i add, at a "fortune 500 company" in the richest and most powerful nation on earth), then both the government and my company, are giving me, personally, less than half (about 43%, when you take off the bonus and the cheques to my wife and kids) of what I would have been making working, even though, i was led to believe that I was "guaranteed", 70% of my "income" through all the taxes and deductions to my previous income.
NOw I know that there are a lot of people out there who didn't go through a generation of hell at school, or weren't "on the books" when they got fried (and I feel especially bad for some of our military guys, who are actually getting "less than nothing", nevermind 45%, for putting their lives on the line and are now in even worse physical shape than I'm in); But just remember, I'm not whining, one doesn't need a lot of money to live happily, I' just really saying that sometimes it's better to just die than get seriously ill and unable to work. At least my family would be wallowing high on the hog from my life insurance money, rather than worrying about how to pay for everything that one NEEDS in life, not WANTS, NEEDS. I have sympathy for ALL of yOU on SSDI. So do you get my message now?:thud:

b2006 12-11-2007 10:18 PM

Trust me, I can totally relate to every single thought that you typed out, so much that it felt like I was actually typing the words right along with you.
I would also give anything to be able to go back to living the life I once knew, dealing with becoming disabled and the feelings/life adjustments that go along with facing that reality, is the hardest challenge I've ever faced.

The whole LTD dependent offset issue plain sucks in my book :mad:
If it helps any, please know that there are people out there (lawyers as well as other advocacy groups) that are trying very hard to put an end to such a questionable practice as offsetting dependent benefits.

I can understand LTD offsetting our own SSD benefits so we don't exceed the percentage as per what our LTD contracts state, but factoring in and offsetting other family member dependents benefits is pushing things way to far :mad:

Even though the LTD carrier has to increase their portion of benefits once the dependents age out from collecting SSD off our records, normally things only get harder dealing with the LTD carrier from that point on.
When LTD is advised that they need to increase what they've been paying due to no longer being able to offset childrens benefits, they get very creative in all of a sudden denying the whole claim :mad::mad::mad:
For some people it's a smooth process, and others like myself it's not :mad:

I wish I knew long ago exactly how group LTD works, if I did I would've purchased my own private disability plan which normally doesn't offset dependents benefits, it would have saved me a lot of headaches :eek:

Hang in there as I'm trying to do. I guess we should be fortunate that we have any LTD plan at all, many people do not, I feel bad for those people who have nothing to fall back on while awaiting the SSDI approval process.

Have a happy holiday :Dancing-Chilli:

monicad1974 12-12-2007 11:57 PM

Quote:

Originally Posted by b2006 (Post 175771)
Trust me, I can totally relate to every single thought that you typed out, so much that it felt like I was actually typing the words right along with you.
I would also give anything to be able to go back to living the life I once knew, dealing with becoming disabled and the feelings/life adjustments that go along with facing that reality, is the hardest challenge I've ever faced.

The whole LTD dependent offset issue plain sucks in my book :mad:
If it helps any, please know that there are people out there (lawyers as well as other advocacy groups) that are trying very hard to put an end to such a questionable practice as offsetting dependent benefits.

I can understand LTD offsetting our own SSD benefits so we don't exceed the percentage as per what our LTD contracts state, but factoring in and offsetting other family member dependents benefits is pushing things way to far :mad:

Would you not be having to give the alotted amount in child support anyway? The money is to care for them. I am pretty sure your state law could tell you that the gardian of the child can use this toward the child's bills or needs.It's not like an allowance.

Even though the LTD carrier has to increase their portion of benefits once the dependents age out from collecting SSD off our records, normally things only get harder dealing with the LTD carrier from that point on.
When LTD is advised that they need to increase what they've been paying due to no longer being able to offset childrens benefits, they get very creative in all of a sudden denying the whole claim :mad::mad::mad:
For some people it's a smooth process, and others like myself it's not :mad:

I wish I knew long ago exactly how group LTD works, if I did I would've purchased my own private disability plan which normally doesn't offset dependents benefits, it would have saved me a lot of headaches :eek:

Hang in there as I'm trying to do. I guess we should be fortunate that we have any LTD plan at all, many people do not, I feel bad for those people who have nothing to fall back on while awaiting the SSDI approval process.

Have a happy holiday :Dancing-Chilli:

You know your ltd can refuse to give you benifits even if you have been aproved for ssd. I know 3 differant people having to get lawers to get theirs.

monicad1974 12-13-2007 12:00 AM

Quote:

Originally Posted by b2006 (Post 175771)
Trust me, I can totally relate to every single thought that you typed out, so much that it felt like I was actually typing the words right along with you.
I would also give anything to be able to go back to living the life I once knew, dealing with becoming disabled and the feelings/life adjustments that go along with facing that reality, is the hardest challenge I've ever faced.

The whole LTD dependent offset issue plain sucks in my book :mad:
If it helps any, please know that there are people out there (lawyers as well as other advocacy groups) that are trying very hard to put an end to such a questionable practice as offsetting dependent benefits.

I can understand LTD offsetting our own SSD benefits so we don't exceed the percentage as per what our LTD contracts state, but factoring in and offsetting other family member dependents benefits is pushing things way to far :mad:

Even though the LTD carrier has to increase their portion of benefits once the dependents age out from collecting SSD off our records, normally things only get harder dealing with the LTD carrier from that point on.
When LTD is advised that they need to increase what they've been paying due to no longer being able to offset childrens benefits, they get very creative in all of a sudden denying the whole claim :mad::mad::mad:
For some people it's a smooth process, and others like myself it's not :mad:

I wish I knew long ago exactly how group LTD works, if I did I would've purchased my own private disability plan which normally doesn't offset dependents benefits, it would have saved me a lot of headaches :eek:

Hang in there as I'm trying to do. I guess we should be fortunate that we have any LTD plan at all, many people do not, I feel bad for those people who have nothing to fall back on while awaiting the SSDI approval process.

Have a happy holiday :Dancing-Chilli:

Would you not be having to give the alotted amount in child support anyway? The money is to care for them. I am pretty sure your state law could tell you that the gardian of the child can use this toward the child's bills or needs.It's not like an allowance.

monicad1974 12-13-2007 12:01 AM

Quote:

Originally Posted by monicad1974 (Post 176126)
You know your ltd can refuse to give you benifits even if you have been aproved for ssd. I know 3 differant people having to get lawers to get theirs.

Would you not be having to give the alotted amount in child support anyway? The money is to care for them. I am pretty sure your state law could tell you that the gardian of the child can use this toward the child's bills or needs.It's not like an allowance.

monicad1974 12-13-2007 12:03 AM

Quote:

Originally Posted by b2006 (Post 175771)
Trust me, I can totally relate to every single thought that you typed out, so much that it felt like I was actually typing the words right along with you.
I would also give anything to be able to go back to living the life I once knew, dealing with becoming disabled and the feelings/life adjustments that go along with facing that reality, is the hardest challenge I've ever faced.

The whole LTD dependent offset issue plain sucks in my book :mad:
If it helps any, please know that there are people out there (lawyers as well as other advocacy groups) that are trying very hard to put an end to such a questionable practice as offsetting dependent benefits.

I can understand LTD offsetting our own SSD benefits so we don't exceed the percentage as per what our LTD contracts state, but factoring in and offsetting other family member dependents benefits is pushing things way to far :mad:

Even though the LTD carrier has to increase their portion of benefits once the dependents age out from collecting SSD off our records, normally things only get harder dealing with the LTD carrier from that point on.
When LTD is advised that they need to increase what they've been paying due to no longer being able to offset childrens benefits, they get very creative in all of a sudden denying the whole claim :mad::mad::mad:
For some people it's a smooth process, and others like myself it's not :mad:

I wish I knew long ago exactly how group LTD works, if I did I would've purchased my own private disability plan which normally doesn't offset dependents benefits, it would have saved me a lot of headaches :eek:

Hang in there as I'm trying to do. I guess we should be fortunate that we have any LTD plan at all, many people do not, I feel bad for those people who have nothing to fall back on while awaiting the SSDI approval process.

Have a happy holiday :Dancing-Chilli:

Would you not be having to give the alotted amount in child support anyway? The money is to care for them. I am pretty sure your state law could tell you that the gardian of the child can use this toward the child's bills or needs.It's not like an allowance.

monicad1974 12-13-2007 12:04 AM

Would you not be having to give the alotted amount in child support anyway? The money is to care for them. I am pretty sure your state law could tell you that the gardian of the child can use this toward the child's bills or needs.It's not like an allowance.

monicad1974 12-13-2007 12:07 AM

Sorry...
 
I think I have lost my mind...lol... I couldn't get my post to post it was driving me loony. Until I saw there was a age 2... Sorry

Starlord 12-14-2007 01:52 AM

70% of Base pay? Since when?
 
I was injured on the job in August of 1992, when, as Lead Security Supervisor at a homeless shelter in California. I got my left leg broken at the knee by a former Marine on PCP. For the next eight years, I suffered crippling pain, which the doctors told me I was imagining. I ended up fighting with the SSA for three years, until the Admin Law Judge ruled that the SSA had to give me my benefits, as I had little to no chance of obtaining employment. I don't know what company gives you 70% of your base pay when you are disabled and collecting SSDI, but I am sure missing out on that gravy train. As soon as I was cleared by the doctors to return to full duty, I was let go, and it was like they had never heard of me. Today, I live (?) on SSDI, and my wife gets a pension from the state of Arizona, since her previous husband was killed by a drunk driver while he was employed as a prison guard (off-duty when killed). Neither of us has ever even heard of receiving 70% of base pay while collecting SSDI. If I feel I can work again (not likely, given my disabilities) I have to notify the SSA so they can stop my checks while I am working up to 90 days. If I was too optimisitc, supposedly they restart my checks immediately. I don't have that much faith in our government, sorry.

b2006 12-14-2007 10:39 AM

My LTD plan pays 60% but some policies do pay 70%, it all depends on the company you worked for before becoming disabled.

The 60% or 70% is not on top (in addition) of SSDI, we are only able to collect a combination of the two benefits, at least that's the case for me, the two work in conjunction with each other.
For example, my SSD doesn't equal 60% of my prior pay so the LTD carrier is responsible to make up the difference to bring me up to 60%.

In order to collect more than just what SSD pays, you would've had to be able to collect on either a group LTD plan offered through your employer, or purchased a LTD plan on your own. Private LTD is very expensive, but the good thing about having such a plan is that private LTD doesn't usually offset what SSD pays, thus leaving the disabled person in a position to not only collect their full SSD, but also to collect the full percentage of the disability plan that they purchased. Basically a person could collect on both and have a good stream of income while disabled.

I'm not on a gravy train by no means, I'm under group LTD, my SSD & LTD are both taxed leaving very little to live on verses what I was making in the past.

b2006 12-15-2007 06:13 PM

Monica, you are correct, LTD can and often does deny people regardless if a person is awarded SSD. The LTD carriers are supposed to factor in/give weight of an SSD award when making a decison, but often they don't.

I replied to this thread a few days ago and just noticed today that my last posting show up for some reason, I just wanted to let you know I wasn't ignoring your posting.

b2006 12-15-2007 06:32 PM

Monica, here is my original reply to you, I just located it as I had posted it on the wrong thread :winky:

You are correct, LTD can (and often does) refuse benefits even if a person is collecting SSDI, as they each use their own criteria when deciding a claim.
They are supposed to factor in the weight/credibility of a favorable SSDI decision when deciding claims, but rarely do.

I've been on SSDI and LTD for many years now, my problem is that as soon as my dependent aged out from collecting off my SSD record (which in turn means the LTD carrier now has to pay much more) the carrier suddenly decides to cut me off regardless that my health situation is much worse than when I went on claim years ago, as well as very medically documented. Of course they deny the increase in benefit amount has anything to do with the denial which is common for them to do.

I've been through appeals (always successful and benefits reinstated) in the past always over some BS reason to cut me off, having done so, this time I'm no longer letting their delay tactics work and I'm currently in the process of a lawsuit in order to have benefits reinstated.
The appeal process is just something I no longer have any energy for, that's why my attorney is handling the matter for me.
It's a long story and one I can't get into due to my filing, but I will never let them win as that's what they are hoping for.


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