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A practical financial question RE SSDI & Temp Disability Ins.
Christabel
Posted: Thursday, July 12, 2018 11:48 AM
Joined: 3/21/2018
Posts: 59


Dh was approved for SSDI, which is not being paid out until the end of September. He is currently receiving Temporary Disability through the State of NJ, which runs out on August 19th. So he will be receiving payments from NJ Temp Disability for 2 weeks of August. 

It does not appear that Social Security has reduced his amount even though the September payment is for the month of August.  I am almost certain I did let them know Dh was receiving temporary disability payments when we went in to the SS office.  Do I need to call and alert them? 

I do NOT want to be in the position of having to pay money back, however, it would be nice to have something more than my puny income to live on in the weeks before his late September SSDI payment, so I am tempted to let whatever happens happen.  What do you think? Hoping someone has had some experience with this.


Marta
Posted: Thursday, July 12, 2018 12:22 PM
Joined: 6/3/2013
Posts: 624


This is a question about what is the right thing to do, IMO.
Crushed
Posted: Thursday, July 12, 2018 12:29 PM
Joined: 2/2/2014
Posts: 3702


It just a question of law.  DW was on both  SSDI and Federal employee sick leave for a full year.  She was entitled to both.
Christabel
Posted: Thursday, July 12, 2018 12:30 PM
Joined: 3/21/2018
Posts: 59


Marta wrote:
This is a question about what is the right thing to do, IMO.

I would like to do the right thing, but I am tired, which is why I am tempted to just let whatever happen. I spent this morning trying to figure out the answer to the question. All I can find online is that SS will reduce their payment IF the temporary disability payment is going to cause Dh's monthly income to go above his average monthly prior to becoming disabled. 

I guess I'll have to call to double check even though I am sure I notified SS at the appointment. Ugh. I also have to fax the SSDI award letter to his employer paid disability company since they sent a letter of approval and a notice of check arriving in August. That would have to be paid back for certain. I am just tired of paperwork.


Christabel
Posted: Thursday, July 12, 2018 12:39 PM
Joined: 3/21/2018
Posts: 59


From this morning's online research...

I find nothing on the NJ FAQ or info for Temporary Disability that says he is ineligible for benefits if he is collecting SSDI.

I do find that SSDI reduces benefits depending on average monthly earnings prior to disability AND the amount being received from Temporary Benefits.

I guess I just feel like I have spent the past year looking out for my husband's best interests. Social Security should look out for themselves and not count on me to do it for them--especially if I already notified them. (I do realize they do not care how I feel.)

Have you ever seen the Frasier episode where Martin tries to return $40 to the bank?

ETA: Temporary disability pay in August is not a FULL 2 weeks, so we are talking about roughly $1000 or less.


Lorita
Posted: Thursday, July 12, 2018 2:14 PM
Joined: 12/18/2011
Posts: 9348


 Hi,

Not sure- do you have proof that you notified them?  That would help if push came to shove, however, you know the Government always thinks they're right.  I might just feel as you do.


Crushed
Posted: Thursday, July 12, 2018 2:50 PM
Joined: 2/2/2014
Posts: 3702


Disability benefits Are not EARNINGS   DWs sick leave payments were not earnings.

§ 404.429. Earnings; defined.

(a) General. The term “earnings” as used in this subpart (other than as a part of the phrase “net earnings from self-employment”) includes the sum of your wages for services rendered in a taxable year, plus your net earnings from self-employment for the taxable year, minus any net loss from self-employment for the same taxable year.


BadMoonRising
Posted: Thursday, July 12, 2018 8:05 PM
Joined: 4/22/2017
Posts: 228


New Jersey is a "reverse offset" state. That is, the State will offset (reduce) its benefit instead of SSA offsetting the SSDI benefit.

I'd report the payment to NJ. and have a copy of the "report" date stamped by the agency to prove the document was received. (Seriously, this has saved my *** on several occasions.) It's possible there will be no offset but I'd want this monkey off my back

P.S. - The cutoff is 80% of the claimant's prior monthly average earnings, not 100%. 


Christabel
Posted: Thursday, July 12, 2018 9:27 PM
Joined: 3/21/2018
Posts: 59


BadMoonRising wrote:

New Jersey is a "reverse offset" state. That is, the State will offset (reduce) its benefit instead of SSA offsetting the SSDI benefit.

I'd report the payment to NJ. and have a copy of the "report" date stamped by the agency to prove the document was received. (Seriously, this has saved my *** on several occasions.) It's possible there will be no offset but I'd want this monkey off my back

P.S. - The cutoff is 80% of the claimant's prior monthly average earnings, not 100%. 

Ah-ha! That is what I needed to know and did not find this morning when I was searching. Thank you! I did find the 80% figure, but thought that SSA would offset. I think this will mean no payments at all in August. That will be rough.

Christabel
Posted: Thursday, July 12, 2018 9:42 PM
Joined: 3/21/2018
Posts: 59


Crushed wrote:

Disability benefits Are not EARNINGS   DWs sick leave payments were not earnings.

§ 404.429. Earnings; defined.

(a) General. The term “earnings” as used in this subpart (other than as a part of the phrase “net earnings from self-employment”) includes the sum of your wages for services rendered in a taxable year, plus your net earnings from self-employment for the taxable year, minus any net loss from self-employment for the same taxable year.


Not sure why you are clarifying? I must have missed something or misunderstood.  I didn't think anyone said her sick leave counted as earnings. I only posted SSA's process for determining offset based on earnings BEFORE the claimant was disabled. The combined payments of SSDI and NJ Temporary disability (in my Dh's case) can only total 80% of his monthly earnings prior to becoming disabled.


 
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