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Exaggerated Disability Claims as a Basis for Spousal Support

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  • 01-23-2017, 09:47 AM
    obsequiouslizard
    Re: Divorce
    Quote:

    Quoting Mercy&Grace
    View Post
    Is she receiving SSI, which is based on income and resources and disability or SSDI which is based on work credits and disability ? If she is receiving SSDI only, why have a separate account ? Usually a joint account will show up when a search is done is a beneficiary receives SSI. But mistakes happen.

    I do not know which one she is receiving , however I believe it is SSDI. She put the money into her account to hide it from me. This was done several years ago when she received a lump sum settlement of $50k from disability. Her original goal was to hide any income from me while I continued to deposit my checks into the joint account. Once I found out, I opened a new account in my name only and moved all my income there.

    Quote:

    Quoting Mercy&Grace
    View Post
    You did benefit from her receiving disability because there are things she paid for that you did not have to. She has her own health insurance, which also saved you money.

    I have always maintained health insurance on her. She claims that the medicare she receives is not sufficient . I believe she said it was medicare part b and would not cover most of her expenses. I never really questioned it and just let it go. I have always paid for pretty much everything, all bills, utilities, house payment, food, etc. I have no idea what she did with all of the money she received. I never saw any of it and she never volunteered to pay for anything that I was aware of.

    Quote:

    Quoting Mercy&Grace
    View Post
    Why did you not turn her in before now ? Because you were benefitting from her disability.

    When you turn someone in for fraud, you are required to give your name. During the investigation, it is highly likely that the person being investigated will learn the name of the person that turned them in. While I was married, I did not want to churn the waters any more than they already were. Now, I really don't care anymore.

    Quote:

    Quoting jk
    View Post
    Are you saying she isn't really disabled and you at least acquiesced to if not were complicit in her disability claims? What do you think a court may say to you being enriched by her benefits and said nary a word that is word while knowing it was a fraudulent claim?

    We have already been to court once. It was very clear to the judge that she was doing this against my wishes and for her own personal gain. She was questioned as to why she did not get a full time job and her response was "If I did, I would lose my disability income". I have emails going back to when she first applied for this between myself and her attorney where he was asking me questions, then said he would not put me in front of the review board because of my views and he was afraid I would stop her from receiving the disability (and prevent him from receiving his cut as well, which was substantial). I also have sms and IM logs showing where I told her not to as well as numerous others telling her she needs to get off of disability and get a job. I am very well covered on that going back to the very beginning.
  • 01-23-2017, 09:59 AM
    readytoleave
    Re: Divorce
    Quote:

    Quoting obsequiouslizard
    View Post
    I do not know which one she is receiving , however I believe it is SSDI. She put the money into her account to hide it from me. This was done several years ago when she received a lump sum settlement of $50k from disability. Her original goal was to hide any income from me while I continued to deposit my checks into the joint account. Once I found out, I opened a new account in my name only and moved all my income there.


    I have always maintained health insurance on her. She claims that the medicare she receives is not sufficient . I believe she said it was medicare part b and would not cover most of her expenses. I never really questioned it and just let it go. I have always paid for pretty much everything, all bills, utilities, house payment, food, etc. I have no idea what she did with all of the money she received. I never saw any of it and she never volunteered to pay for anything that I was aware of.



    When you turn someone in for fraud, you are required to give your name. During the investigation, it is highly likely that the person being investigated will learn the name of the person that turned them in. While I was married, I did not want to churn the waters any more than they already were. Now, I really don't care anymore.

    If I was married to someone and found out they were committing fraud, I would not be married to them much longer.
  • 01-23-2017, 10:14 AM
    obsequiouslizard
    Re: Divorce
    I realize I should have left much sooner. I had other reasons for not leaving, however that has passed and the fraud is just one of a hundred different reasons that I am leaving now. Hindsight is always 20/20. I really should have left 2 weeks after I met her, but I didn't. Life has been a series of mistakes. All I can do is move forward now.
  • 01-23-2017, 10:24 AM
    jk
    Re: Divorce
    So, bottom line; the ssdi examiners determined she is disabled and qualified for ssdi. You seem to have a grudge and are considering cutting off your nose to spite your face.

    Accept the fact the examiners deemed her qualified. Unless she is very near retirement age she will likely undergo a reexamination. If she isn't disabled, hopefully they catch it there but bottom line;

    if you are smart you will listen to your attorney.
  • 01-23-2017, 11:04 AM
    obsequiouslizard
    Re: Divorce
    As I said before...
    Quote:

    Quoting obsequiouslizard
    View Post

    I have been told to leave it alone so I will.Honestly, after the divorce is complete, I could care less what she does. I just don't like that it will affect what I wind up paying her and for how long.

    Thank you.
  • 01-23-2017, 12:58 PM
    Mercy&Grace
    Re: Divorce
    It is common for those that are not disabled to think someone receiving disability can work. Especially when a disability is mental. If she is seeing her doctors regularly and following prescribed treatment, medications, etc chances are she is not able to work making SGA. Unless you and your friends are doctors, have read her medical records and know SSA Laws regarding the medical and non medical evidence required by Federal Law to find a person disabled, there is no way any of ya'll can say she can work. Volunteering several hours a day is not the same as being able to perform SGA.

    Medicare is some of the best insurance a person can have. Medicare takes her monthly premiums out of her monthly benefits. Medicare Part B premiums are $104 a month. She also has to pay co/pays and deductibles. The cost of her prescription drugs depends on her Part D plan. Most people on Medicare do not have other insurance.

    If you have her on your insurance, your insurance is helping with her medical costs along with Medicare. Has she asked to stay on your insurance after the divorce ?

    You had no reason to have access to her monthly benefits.
  • 01-23-2017, 01:55 PM
    Dogmatique
    Re: Divorce
    It is incredibly difficult to get SSDI.

    Why so many people think it's easy, I'll never know. Hopefully they'll never have to find out themselves.
  • 01-23-2017, 03:17 PM
    jk
    Re: Divorce
    Quote:

    Quoting Mercy&Grace
    View Post
    It is common for those that are not disabled to think someone receiving disability can work. Especially when a disability is mental. If she is seeing her doctors regularly and following prescribed treatment, medications, etc chances are she is not able to work making SGA. Unless you and your friends are doctors, have read her medical records and know SSA Laws regarding the medical and non medical evidence required by Federal Law to find a person disabled, there is no way any of ya'll can say she can work. Volunteering several hours a day is not the same as being able to perform SGA.

    Medicare is some of the best insurance a person can have. Medicare takes her monthly premiums out of her monthly benefits. Medicare Part B premiums are $104 a month. She also has to pay co/pays and deductibles. The cost of her prescription drugs depends on her Part D plan. Most people on Medicare do not have other insurance.

    If you have her on your insurance, your insurance is helping with her medical costs along with Medicare. Has she asked to stay on your insurance after the divorce ?

    You had no reason to have access to her monthly benefits.

    actually unless op is retired, Medicare should be helping out his insurance. Until he retires, if
    the wife is on his insurance, Medicare is secondary with the private policy primary. After he retires it reverses.
  • 01-23-2017, 04:13 PM
    obsequiouslizard
    Re: Divorce
    Quote:

    Quoting Mercy&Grace
    View Post
    It is common for those that are not disabled to think someone receiving disability can work. Especially when a disability is mental. If she is seeing her doctors regularly and following prescribed treatment, medications, etc chances are she is not able to work making SGA. Unless you and your friends are doctors, have read her medical records and know SSA Laws regarding the medical and non medical evidence required by Federal Law to find a person disabled, there is no way any of ya'll can say she can work. Volunteering several hours a day is not the same as being able to perform SGA.

    After living with someone for that long, you would know. She has told me in the past that she just doesn't want to go back to work, even though she knows she can. She is simply lazy.

    Quote:

    Quoting Mercy&Grace
    View Post
    Medicare is some of the best insurance a person can have. Medicare takes her monthly premiums out of her monthly benefits. Medicare Part B premiums are $104 a month. She also has to pay co/pays and deductibles. The cost of her prescription drugs depends on her Part D plan. Most people on Medicare do not have other insurance.

    She has never used her Medicare benefits because they are "Too much trouble". She has always relied on my insurance because it was better. I do not believe she even has the expenses for them withheld.

    Quote:

    Quoting Mercy&Grace
    View Post
    If you have her on your insurance, your insurance is helping with her medical costs along with Medicare. Has she asked to stay on your insurance after the divorce ?

    She has not. I have asked to have her removed.


    Quote:

    Quoting Mercy&Grace
    View Post
    You had no reason to have access to her monthly benefits.

    I would agree. She also should have no access to my income which was the case. The exception is that she expected me (and I did) pay taxes on the lump sum settlement she received as well as her yearly taxes. She specified that no taxes be withheld from anything, claiming she was exempt from having to pay taxes. Problem was she wasn't exempt, they just fell to me. We argued about this every year.

    Quote:

    Quoting Dogmatique
    View Post
    It is incredibly difficult to get SSDI.

    Why so many people think it's easy, I'll never know. Hopefully they'll never have to find out themselves.

    Because all she did was go to an attorney that specialized in getting people disability benefits. Her friends talked her into going because they all did and received the same package. She had no prior conditions and never mentioned anything about them until the attorney's doctor told her what to say. After 3 visits to the doctor and 3 months of her attorney filing papers, she went to a board and read a script that the attorney gave her and boom, she got paid, the attorney got paid and she has been getting paid since then. She goes to see the same doctor every few months to keep it going.

    Quote:

    Quoting jk
    View Post
    actually unless op is retired, Medicare should be helping out his insurance. Until he retires, if
    the wife is on his insurance, Medicare is secondary with the private policy primary. After he retires it reverses.

    She refused to have anything withheld from her check, including medicare and taxes.
  • 01-23-2017, 07:27 PM
    Mercy&Grace
    Re: Divorce
    jk, if she has been using her husbands insurance and never enrolled in Medicare, she can enroll in Medicare when she loses her husbands insurance without the lifetime penalty, can't she ?
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