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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115447
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hypothetical. If I were to get social security disability

Customer Question

Hypothetical. If I were to get social security disability and they send me a check for back pay what would happen if I didn't give that check to my employer who has been paying me long term disability pay. Reason I ask is our house just burnt down and my family is in dire need of money to get back on our feet. Please advise me on what the consequences would be. Thank you in advance for you time.
Submitted: 4 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It all depends on whether or not your Long Term Disability is a supplemental plan or not. If it is not a supplemental plan, they have a right to reimbursement for anything they paid if you received pay from SS for the same time. If you do not pay them back, they can sue you for the reimbursement and if they get a judgment against you then they could seek to place a lien on your home for reimbursement. They could not garnish your SS as that is exempt from garnishment, but they could seek to enforce the judgment against your other assets such as your home to seek to recover.
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Customer: replied 4 months ago.
Would ss consider me not paying my employer back fraud? Then I lose ss payments?
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

No, it would be between you and your employer, not SS.

Customer: replied 4 months ago.
Excellent.
Customer: replied 4 months ago.
I'm also currently filling bankruptcy. The bankrupts will be discharged befor I get my ss money. I gave my attorney the paperwork that shows I'm required to pay that money back to my employer. He isvtrllkng me now that the trustee may take that money. Is that legsl?
Expert:  Law Educator, Esq. replied 4 months ago.

Thank you for your reply.

Unfortunately, yes, the trustee can take that money if it is available in the bankruptcy assets to reimburse the employer or their insurer. They actually can argue that allowing you to keep both payments can be considered proceeds from fraud, as you are double dipping so to speak.

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