About Kyla Kelim Expertise All social security/disability cases
Experience I have practiced law in Alabama and Florida for fifteen years. Our firm serves primarily the elderly and disabled, and we have more than 60 years of collective experience with handling social security disability cases.
Organizations
Organizations Alabama State Bar
Florida State Bar
Education/Credentials
Experience in the area I have practiced law in Florida and Alabama for 15 years. My firm has over 60 years collective experience in disability and elder law issues including hearing and appeals for social security/disability cases
Education/Credentials Cumberland School of Law, Samford University, J.D. 1993
University of New Orleans, B.S. Business Administration 1990
Disability Law - Question about SSDI Offset for Children
Expert: Kyla Kelim - 8/21/2008
Question My husband has been receiving a monthly payment from a long term disability company through his previous employer since 9/05. In July he had his SSDI hearing and was granted SSDI retroactive to 9/05. Therefore, there are substantial amounts of money that we have received for not only him, but our two children as well. I have two questions. One, is the money we receive for the children supposed to go back to the insurance company as part of the offset or is that strictly for their use. And two, when figuring out the difference between what my husband gets from SSDI and what the insurance company will need to pay him to continue to receive the same amount as he does now can they take our children's allotment into account or is it based on what is designated strictly to my husband? I would appreciate any information you may be able to provide. I can't seem to find that answer anywhere.
Answer Michelle, it will depend upon the contract with the ld disability. Yes, many of them will call for the children's portion to be offset as well, and will use the children's amount to determine the entire allotment. I would read the contract or call the ld company for more information.