Social Security backpay confusion - SSDI vs LTD offset amount is $32,000 less than expected
I'm completely confused about my wife's SSDI backpay. She received $64,000 for backpay from Social Security, but based on our calculations it should be closer to $107,000. Here's our situation: • Wife was approved for SSDI 5 months ago (finally, after fighting for years) • Her monthly SSDI benefit is $3,200 • She's been receiving $4,800 monthly from private Long-Term Disability (LTD) insurance since she became disabled • This month, her LTD payment dropped to $1,600 (the difference between her LTD amount and SSDI) • Backpay should cover approximately 33 months What's confusing me: $3,200 × 33 months = $105,600 (plus some COLAs would push it higher). But she only received $64,000. I understand LTD gets reimbursed for amounts they paid while waiting for SSDI, but should they get 33 months × $3,200 (her SSDI amount) or 33 months × $4,800 (her total LTD amount)? We still haven't received an award letter even though she's been getting regular SSDI payments for 3-4 months now. The LTD company hasn't contacted us about any backpay arrangements. I know our lawyer already got paid directly by SSA, but I'm wondering if SSA already paid the LTD company too? How can I figure out where the missing $41,000+ went?
18 comments
MidnightRider
same thing happened to me!! SSA paid my LTD company directly out of my backpay and i didnt know until i called and asked where my $$ was. they dont tell you anything!! my LTD got reimbursed only for the amount that matched my SSDI (not the full LTD payment). you need to call SSA like RIGHT NOW and ask for an accounting of where all the money went. bring coffee cuz youll be on hold FOR HOURS!!!
0 coins
Carmen Ortiz
•Thanks for responding! So it sounds like they should only get reimbursed for the SSDI amount ($3,200) not the full LTD amount? The difference is huge - like $41k we're talking about. Did you ever get an award letter that explained all this?
0 coins
Andre Laurent
The discrepancy you're seeing is likely due to the LTD offset. When someone receives both SSDI and private LTD benefits, most LTD policies include an offset provision that allows the insurance company to recover the SSDI backpay that overlaps with what they paid you. This is standard industry practice. Typically, the LTD carrier is entitled to recover only the amount that matches the SSDI benefit, not the entire LTD payment amount. In your case, that would be approximately $3,200 × 33 months. Here are a few other factors that might explain the rest of the discrepancy: 1. The attorney fee (usually 25% of backpay up to $7,000) 2. The 5-month waiting period for SSDI (no benefits are paid for the first 5 months) 3. Any Medicare premiums that were deducted 4. Possible workers' compensation offset You absolutely need to request a detailed benefit calculation and payment explanation from SSA. This should show exactly how they calculated the backpay and what deductions were made.
0 coins
Carmen Ortiz
•Thank you for this detailed explanation! I forgot about the 5-month waiting period - that accounts for $16,000 right there. And yes, the lawyer got about $7,000. So that explains some of it, but we're still missing around $18,000. I'll definitely request that detailed calculation.
0 coins
Zoe Papadopoulos
i think ur lawyer screwed u over tbh. they always take more than they say and SSA just lets them. my cousin had similar issue and turned out lawyer took way more than the cap!! u should check that first seriously
0 coins
Andre Laurent
•This is incorrect information. The SSA has very strict rules about attorney fees in SSDI cases. The standard fee agreement allows for 25% of past-due benefits up to a maximum of $7,000. The SSA pays the attorney directly and sends the client a notice about exactly how much was paid. Attorneys cannot take more than the approved amount without special permission, which is rare and requires additional documentation.
0 coins
Jamal Washington
Check the mail REALLY carefully. My award letter came in a totally normal-looking envelope that I almost threw away. They don't mark them as important or anything. My letter had a detailed breakdown of all calculations and deductions. If you still can't find it, request a new copy asap.
0 coins
Carmen Ortiz
•Good advice - I'll check our mail pile again. Maybe we missed it somehow.
0 coins
Mei Wong
You need to contact your local Social Security office and request an itemized breakdown of your wife's backpay calculation. There's definitely an explanation for the discrepancy, but without seeing the official calculation, it's hard to know exactly what happened. Most commonly in these situations: 1. SSA withheld a portion to pay the LTD carrier directly (most common) 2. They calculated fewer months of backpay than you expected 3. They applied other offsets or deductions 4. There was an overpayment on another benefit I've seen cases where people struggled for months to get answers by phone. If you're having trouble getting through to SSA on the phone, I'd recommend using Claimyr (claimyr.com). They have a service that helps you skip the long hold times when calling Social Security. You can see how it works here: https://youtu.be/Z-BRbJw3puU Once you get through, specifically ask for the "backpay calculation worksheet" and an explanation of any third-party payments made from the backpay amount. You're entitled to this information.
0 coins
Carmen Ortiz
•Thank you! I'll ask specifically for the backpay calculation worksheet - that sounds exactly like what we need. I've been trying to call SSA for weeks without getting through. Will check out that Claimyr service because I'm going crazy with all the disconnected calls.
0 coins
MidnightRider
oh also!! check with the LTD company too!!! sometimes they get paid directly by SSA and they should have records of it. my LTD company actually sent me a letter eventually (like 2 months after they got paid lol) showing exactly what they received from social security.
0 coins
Carmen Ortiz
•That's a great idea! I'll call the LTD company tomorrow. It's weird they haven't sent any notification about this yet.
0 coins
Liam Fitzgerald
I went through almost exactly the same situation last year with my husband's SSDI/LTD situation. In our case, Social Security paid the LTD insurance company directly for the offset amount. The attorney was also paid directly. Both of those payments came out of the backpay before we received anything. Try calling your local office instead of the national number. I spent 2 weeks trying the main number before I found a direct number to our local office. If you can't get through by phone, I ended up using Claimyr (claimyr.com) after someone here recommended it. They got me connected to a real person at SSA in about 20 minutes after I had spent weeks getting disconnected. There's a video on their site showing how it works: https://youtu.be/Z-BRbJw3puU. Once I finally got through, the SSA rep explained that our award letter was delayed due to a processing backlog, but they emailed me a benefit verification letter that same day that showed all the payment details. Hope this helps!
0 coins
PixelWarrior
•I second this! Local offices are SO much better than the national number. I got nowhere for months with the 800 number. I'm going to check out that Claimyr thing too for next time.
0 coins
PixelWarrior
This happened to my sister too! The award letter eventually came and showed that SSA had paid the LTD company directly for the offset (only the SSDI portion, not the full LTD amount). Don't forget that SSDI also has that stupid 5-month waiting period where you don't get any benefits at the beginning of your disability period.
0 coins
Carmen Ortiz
•Thank you - we did forget about that waiting period! That accounts for $16,000 right there. Combined with the lawyer fee of about $7,000, we're still missing around $18,000. Really hoping it's not a calculation error on SSA's part because I've heard those are a nightmare to fix.
0 coins
MidnightRider
UPDATE??? did u ever get this figured out? I'm curious what happened with all the money!
0 coins
Carmen Ortiz
•Yes! Finally got through to SSA yesterday after using that Claimyr service someone suggested. The rep confirmed they paid $39,700 directly to the LTD company. When I add the 5-month waiting period ($16k) and attorney fee ($7k), it actually accounts for almost everything. There was also about $2,300 in Medicare premiums that had been deducted. Mystery solved! Now we're just waiting for the official award letter to arrive.
0 coins