Your Disability CompanyPrudentialAnswered Questions by Our Lawyers

Question

Can Prudential reduce DSSDI from my check even if my children are not living with me?

Asked on January 29th 2017 by Mitchell S.
To whom it may concern: I already collect LTD… they needed to do a adjustment… so they asked for proof that me and my wife is seperated and my kids live with and that she collects thier SS checks. I supplied that information. They said see that they haven’t lived wit me since 2005 or 2007. I collect $100 a month from them, now they saying that over the years my SSDI check went up a few dollars so I owe them $300 something dollars and they subtract $19 a month to pay it back… so now I get $81 a month from them. Am I not intitled to a back pay from when my family wasn’t living with me and it was adjusted to $100? If you can help would be greatly appreciated.

Answer

Answered on February 1st 2017 by Attorney Stephen Jessup

Mitchell, you need to review your policy to determine if Prudential is allowed to reduce by any Cost of Living increase to your SSDI? Or if the increase was due to the SSA re-figuring your benefit and paying the correct amount. Furthermore, most policies have what’s known as a minimum monthly benefit amount – typically $100 that they will have to pay regardless of offsets – confirm that amount with Prudential. Unfortunately, the policy would allow them to reduce the DSSDI from your check even if your children are not living with you. If you are paying child support you could explore your rights to have that re-evaluated based on the amount the SSA is paying to your children in the care of your wife. You would need to consult with a Family Law attorney to explore your options.

Related: Prudential