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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


 
   

You are here:  Experts > News/Issues > Human Rights > Disability Law > Question about SSDI Offset for Children

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.

Kyla Kelim

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