Legal Question in Social Security Law in Georgia

Social Security backpay

Hello- I received a letter saying that I had been approved for Social Security Benefits after 3 years. My employer has been paying me half pay for long term disability. When I receive the backpay can my employer take my child's backpay too? this is what I have been reading and my child needs that money for college savings. Will I be required to pay my employer back his backpay too? I am very concerned about this. any help you can provide would be appreciated.


Asked on 7/15/09, 4:50 am

1 Answer from Attorneys
Ronald Arthur Lowry Ronald Arthur Lowry

Re: Social Security backpay

It depends on the language of the Plan. If the language does not expressly allow the employer to offset the disability payments and require repayment of past payments the employer made from SS lump sum benefits the employer cannot require repayment. Get a copy of the "Summary Plan Description" and read it carefully.

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Answered on 7/15/09, 12:49 pm


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