Legal Question in Insurance Law in Oklahoma

My husband has been off work due to a serious injury, which has so far has required multiple knee surgeries. Luckily he had long term disability through his work. He received the long term disability for about 3 years, during which time the disability company required him to apply for Social Security Disability. It took over two years but he was finally approved this past July. We knew all along that we would have to pay back long term disability the difference, but now they are saying he is also responsible to pay back the $19,000 that his ex-wife got for his children for dependent SSD benefits. They say that is "other income" even though he never got that money. On top of that, he had been paying $759 monthly in child support taken right out of his long term disability check, so asking him to pay that back would mean he would be paying it twice. He should be receiving two checks monthly, one from SSD and the other from The Hartford, but they are holding his check from the Hartford until the $19,000 is paid. Is there anyway to fight that? I mean, I could understand alot better if he had gotten the $19,000 but his ex-wife got it, not him.


Asked on 8/30/09, 8:00 am

1 Answer from Attorneys
Wayne Allison Allison Legal, LLC

A proper answer to your question is really difficult on a bulletin board forum such as this; however, generally the answer lies in two places: (1) the policy itself; (2) statute and case law. Another possible issue is the question of whether there should be any set-off of the child support against the SSD benefits the ex-wife received. Bottom line is I suggest having an attorney review the situation; there may be a case against the insurance company, but it's really difficult to speculate without a thorough review of the insurance policy.

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Answered on 9/04/09, 9:02 am


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