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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 07-31-2013, 01:42 AM
init'sowntime init'sowntime is offline
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Default ss and disability fraud

Good evening everyone,

haven't posted here in awhile, hoping that someone can answer a question for me, or give me advice. My ex makes 30k a year from her disability pension. Her pension provider believes that she is almost completely disabled (ie barely able to dress herself, unable to drive, requires a scooter to walk more than a few steps) I earn only 15k a year. She is clearly not disabled. In the months before I left her, upon realizing that I was unhappy in the relationship, she had a "miraculous" recovery. In the span of a few weeks she began driving, going on hikes, participating in numerous high profile community events, she got a dog and was walking him every day, and she shows no signs whatsoever of her previous "disability", which was apparently MS in one of its more advanced stages. In order for her to continue to collect cpp disability and her previous employers disability pension she has not informed either of her "recovery". Also, for the ten years she claimed to have MS she also never told the motor vehicle branch that she had a neurological disease even though she was required to, as such would have also been subject to a yearly dr's exam to be able to prove her ability to drive, despite being on numerous medications that you should not be driving under the influence of. So my question is this:

If she loses her pension due to disability fraud can she come after me for spousal support?I gave up a lucrative career to act as her caregiver, and I am just starting to rebuild. Right now my income is low, but I do expect it to increase in the coming years. If they go after her for repayment, can I also be held liable?

Thank you
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  #2  
Old 07-31-2013, 12:27 PM
DowntroddenDad DowntroddenDad is offline
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Quote:
Originally Posted by init'sowntime View Post
Good evening everyone,

haven't posted here in awhile, hoping that someone can answer a question for me, or give me advice. My ex makes 30k a year from her disability pension. Her pension provider believes that she is almost completely disabled (ie barely able to dress herself, unable to drive, requires a scooter to walk more than a few steps) I earn only 15k a year. She is clearly not disabled. In the months before I left her, upon realizing that I was unhappy in the relationship, she had a "miraculous" recovery. In the span of a few weeks she began driving, going on hikes, participating in numerous high profile community events, she got a dog and was walking him every day, and she shows no signs whatsoever of her previous "disability", which was apparently MS in one of its more advanced stages. In order for her to continue to collect cpp disability and her previous employers disability pension she has not informed either of her "recovery". Also, for the ten years she claimed to have MS she also never told the motor vehicle branch that she had a neurological disease even though she was required to, as such would have also been subject to a yearly dr's exam to be able to prove her ability to drive, despite being on numerous medications that you should not be driving under the influence of. So my question is this:

If she loses her pension due to disability fraud can she come after me for spousal support?I gave up a lucrative career to act as her caregiver, and I am just starting to rebuild. Right now my income is low, but I do expect it to increase in the coming years. If they go after her for repayment, can I also be held liable?

Thank you
If she loses her pension due to fraud, she would be able to work no? You can have an income imputed to her of at least minimum wage, which isn't $30 K, but it isn't zero either.

I don't see how you can be held liable for her fraud unless you helped her committ fraud in some way.
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Old 07-31-2013, 02:57 PM
dinkyface dinkyface is offline
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MS is crazy unpredictable and varying ... so it is very possible she was incapacitated for some months, and now functioning well. That's a good choice of disease for disability fraud - if that's what it is. You should push for a firm diagnosis - there are specific tests for MS.
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Old 07-31-2013, 03:15 PM
DowntroddenDad DowntroddenDad is offline
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Originally Posted by dinkyface View Post
MS is crazy unpredictable and varying ... so it is very possible she was incapacitated for some months, and now functioning well. That's a good choice of disease for disability fraud - if that's what it is. You should push for a firm diagnosis - there are specific tests for MS.
I didn't see the results, I trusted my ex that no one would ever be so heinous as to make up such a thing. I was very very wrong. My proof came in a letter my ex wrote to a psychiatrist, where she apologized for lying about the disease. I wasn't supposed to see the letter, but she wrote it on my computer. So get proof either way.

I have friends in my life who have had long term relief from symptoms. One of them has had many years of relief, but it can flare up again any time. Sadly my friend has had a few flareups and it doesn't look good.
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Old 08-01-2013, 10:20 AM
Mess Mess is offline
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Originally Posted by dinkyface View Post
You should push for a firm diagnosis - there are specific tests for MS.
He can only do this if the ex is making a claim against him, due to having the disease.

If the insurance gets cut off, it doesn't matter if she has MS or not, she is not receiving any income.

At this point it would come down to whether she is capable of working, and at what capacity. She has been out of the workforce for a considerable time, so imputing a significant wage won't be likely.

If she claims she cannot work at all, and provides a doctor's opinion, then she should be able to remain on disability. So, either she is disabled or she can work.

I think it is most likely that she will be imputed minimum wage if she can work.

Regarding how much spousal support, it is a complicated situation that I wouldn't depend on a bunch of amateurs on an anonymous message board. That said:

How much were your annual earnings for the greater part of the marriage? Were you earning $15k during that time?

How much are you capable of earning? You may be imputed that amount.

Her lack of earning was not due to the circumstances of the marriage. If she is capable of working, she should be. If she is not capable, she should be on disability. However I don't know how the courts would see it.
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Old 08-01-2013, 11:56 AM
involveddad75 involveddad75 is offline
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There is case law that states that if the disability is work related. I.E. is on worker disability or on Long Term Disability then that is considered income replacement and is used for calculations of Child support, and should effect SS.
See Nielsen v. Nielsen

The bigger picture is if she is found to be defrauding someone, then you should be able to show that she is not creditable.
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  #7  
Old 08-02-2013, 01:47 AM
sahibjee sahibjee is offline
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in addition to all of above ss also depends on how long were you married for & how long have you been separated for.
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