Quick Legal info in a BEAT #1: If a person receives SSI, do they have to pay child support?
SSI (Supplemental Security Income) is tricky because it’s a need based program. If a person is on SSI, they are on disability so they are not able to work. Does this relieve them of their obligation to pay child support? Probably not. A court may reduce the obligation based on their inability to work but they may be still on the hook for any arrearages or on-going support obligations. However, unlike the Social Security DIB (Disability Insurance Benefits) program where an individual’s child support obligation may be garnished from their DIB, in some instances, SSI may not be garnished which means the individual would have to pay the child support from their monthly SSI check.
I hope this gives you some Quick Legal info in a BEAT!
Anthony Reeves, Esq.
http://www.reevesfirm.com
Dedicated to representing the disabled and the discriminated
LegalBEAT in the MORNING: November 23, 2009
Start your week off right with the BEST DAMN MORNING SHOW with a Legal Twist.
It’s fast! It’s FURIOUS! It’s fun! Come join me, Attorney Anthony Reeves, and bring the Butter Milk Biscuits CUZ WE GOT THE JAM!!
1) Oprah’s DONE in 2011: Where were YOU when she started?
2) Single parents in the military: MORE than just BABY MAMA / BABY DADDY Drama!
3) Didn’t know you went to law school! Be careful about representing yourself in an effort to be cheap
4)Don’t TWEET yourself out of a job: How social technology can mess you up in SO MANY WAYS!
http://www.blogtalkradio.com/intheknow
School DAZE: Old School Step Show 1988
I’m not sure anyone will read this but I found myself reflecting on the past so I decided to right about it.
1988. Twenty one years ago. Rihanna was born this year. Chris Brown would be born in 1989. The artist known as a Lil Mama and the gymnast named Shawn Johnson weren’t even conceived yet. 1988 may seem like ancient history (Now that VH1 is doing the best one hit wonders of the 80s, it really is ANCIENT HISTORY) but for me, it was a magical year.
The Fall of 1988 brought special meaning for me because I had just returned back to college after my summer break. I was a sophomore and all I could think about was pledging a fraternity. Not just any ole fraternity. I wanted to be a part of the oldest and the coldest. That’s right, Alpha Phi Alpha Fraternity, Inc. At that time, there was no Alpha chapter on my campus at the University of Tampa which meant that I would have had to pledge at the University of South Florida. Well, that wouldn’t happen (it did in Spring 1989 but that’s another story for another day).
October rolled around and that usually meant one thing. EXTRAV!!! For those who don’t know, the National Pan Hellenic Council (Black Fraternities and Sororities) would have their annual step show competition in October on the campus of USF. This event was called the Greek Extravaganza or EXTRAV for short. Back then, stepping was a whole different beast than what it is today. The chapters were small. The onlly greeks who had more than 7 members were the Kappas, Alphas, Deltas and AKAs. All of the fraternities had sweet hearts or little sisters. Today, step shows have sponsors and tv contracts and movies and huge auditoriums. Back then, stepping was much simplier. There were no TV cameras. There were no concession stands or vendors.
At one point in time, USF would hold its step shows in the special events center and pack almost 2000 people in the center. Back in 1988, the step shows were held in one place. A very magical and special place. Cooper Hall. Now, Cooper Hall was made up of classrooms and offices but it had a small auditorium where the step shows were held every year. Now, what was hilarious about this place was that it could hold 175 people seated but damn 300 to 400 would cram in this tight ass room. lol. What was even more impressive was the fact that the front row had to be left clear so the judges would have a place to sit so they can judge. INCREDIBLE.
When I got there, there was a LINE down the street. Are you kidding me?? The show started at 7:30pm (yea RIGHT!!) so we got there at 6:45pm. OOOOOOO WE THAT LINE! It took us about 40 minutes to get through. Now, have you ever been in a room that had so many people that it got HOT when you opened the door? Yea, it was TIGHT in that space. I didn’t care. I was at the hottest step show in Tampa and I refuse to not be in attendance.
As I stood in line, I was in awe of the greeks as they walk in front of me. They had a swagger. A bravado. They carried themselves like they were ALL that and you know what?? THEY WERE! The frat walked by like they were on a different planet. The sorority sisters walked by like they were god’s gift to men (now, THAT’s confidence!!). As I got inside, I was amazed at all of the people. I mean the room was PACKED!! WALL TO WALL! The energy in the room was intoxicating. As I stood there talking to my friends, slowly but surely, the greeks started exercising their dominance!
SKEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE WE! What the hell was that?? But one young lady started and then you had a whole bunch of women making that noise.
And not to be outdone, OOOOOOOOOOOOOOOOOOOOOP which was followed by some men barking like dogs! What the hell is going on? Then some guy starts hollaring YO NUPE with other men responding YO!!!!!
This is it. I’m in Black Greek country and it’s their house and their rules. As the lights started to dim, the chants got louder and louder and they only calmed down once the MC started talking.
Of course, in true spirit fashion, the MC had to do a role call. You know the deal:
AKA
A Phi A
Zeta Phi Beta
S G RHO
Phi Beta Sigma
Omega Psi Phi
DST
K A Psi
And after each introduction, about a good 2 to 3 minutes of chanting from each organization! WHAT THE HELL? BUT you know what? I was jealous and envious. I loved it and I loved everything about it.
First came the AKAs. I can still remember the outfits. A green blouse with black slacks and pumps. Nothing major. They were prim and proper and one of their sorors sang a beautiful song. Now, I’m thinking “Oh, that’s it? Those preppy AKAs and all they can do is sing? BORING”!!! FOOLISH SOPHOMORE I WAS because about 5 seconds after she stopped singing they played an OLD school South Florida Bass song called “Shake IT” by MC Shy D and those AKAs started to RIDE OUT!!!! My eyes were as big as coke bottles and the crowd was going NUTS!! WOW!! I didn’t know
Next came the Deltas. I can still remember the outfits. A black jump suit with a red sash around their hats and black hats. They came out hard from the beginning. I was blown. They took the crowd from start to finish. ALLLLLLRIGHTY THEN!!
Now, I have to admit. I don’t remember ANY other frat stepping because I was anxiously awaiting the brothers of Alpha. I had previously seen underground Alphas step (from School Daze) so I wanted to see if these brothers were any good. First of all, I didn’t realize they had the largest number of sweet hearts (the chapter only had 7 brothers but they had 40 sweethearts. THE HELL??). So the moment they were introduced, PURE D PANDEMONIUM! It was crazy! The brothers came in and SET IT OFF!! I had never seen anything like that before and it was magical. What was funnier was after they won the show, they walked around like it was business as usual. Say what?? You had the walls sweating. You had girls falling out of their seats. you had the room rocking. You just won the competition (which would be the first of 6 in a row) and all you can do is just chill?? OK, I REALLY need to get my stuff right if I have a snow ball chance of getting in to this organization.
After the show was over, it was ON to the after party. Another great show has come and gone. It may not matter to you but this night solidified my decision. If god willing, I would be an Alpha. It’s just amazing to know how powerful one moment in time can be on a life time decision.
Child Support and Social Security Disability
I can’t tell you how many times this conversation comes up. And it comes from both sides. The person who is getting disability benefits and the person who wants to keep getting Child Support. It gets a little tricky but there are a few things that is very important for people to realize when someone is responsible for Child Support:
1) The child support may go DOWN but it’s not going to go away
Ok, let’s get it poppin! Under Family Law for most states, a person who is required to pay child support may be able to petition the court to reduce their child support obligation based on a material change in circumstances. In other words, if their obligation to pay was based on a certain financial calculation at the time they were working, they may be able to lower their payment if certain circumstances arises that prevents that from being able to pay that amount. I’m pretty sure a disability determination by a Federal agency may be helpful. HOWEVER, just because you’re on disability doesn’t mean that you NO LONGER have to pay child support. The clock still runs and as long as you’re receiving benefits, you are still on the hook to satisfy your obligation. It may be lower but you still have to pay.
2) DIB may be garnished
When you worked and paid into the system, you earned quarters of coverage which allows the Federal Government to pay you based on your earnings. As a result, if you are on disability, you may be able to draw money per month based on your earnings. As a result, most state Department of Revenues have relationships with the Social Security Administration which permits them the ability to garnish a percentage of your disability to satisfy your child support obligation.
3) SSI might not
Most people don’t understand that Supplemental Security Income is a NEED BASED program (in other words, a welfare program). As a result, when you apply, you usually a) don’t have enough quarters of coverage from your own earnings, b) are disabled, and c) are so poor that you need the monetary assistance to survive. In some instances, SSI may not be able to get disability benefits because this program is need based.
4) If you got back pay, they can garnish that, too.
Most people think that once they get on disability, they are exempt from child support or any back support. In some instances (usually with Disability Insurance Benefits), the Department of Revenue will garnish a percentage of the claimant’s back pay in order to satisfy any outstanding child support arrearages.
5) You gotta be ON disability in order to get it done
Alot of time, people think that as long as they are APPLYING for Social SecurityDisability benefits that they don’t have to pay their child support. First, this almost never works because most judges aren’t moved by an application for Social Security or a letter from your representatives saying that are applying (some judges are sympathetic. Be happy if you got one). Second, until you have a determination from SSA that says you are disabled, the courts may not be sympathetic until you get a decision. Finally, the decision takes so long that the family court is not going to sit there and wait for you to be approved or denied.
6) The Family allowance is not to cover your child support debt (DIB)
Under the DIB program, if you have kids, you may receive an additional amount of money for your children. However, this extra amount of money is not amount to satisy your child support debt. Sometimes, people think that this extra money goes towards that obligation. One, the extra money goes where your child is. Two, the extra money is NOT designed to cover your support obligation. Three, you are STILL responsible for child support.
7) You have no choice. The Government will take your money if you owe child support.
If you are on the DIB program, the State will garnish a percentage of your money. I hate to be the bearer of bad news but you have NO say so in the matter. You can appeal and tell them that you need to lower the percentage (good luck with that) but the reality is that states and the federal government have a relationship to ensure that you satisfy the obligation.
Child Support and Social Security can sometimes work funny with each other. However, the reality is that the Child Support obligation doesn’t go away just because the person is on disability. However, SSI programs are for those people who really NEED money because they are financially destitute so there is no guarantee that those funds may be garnished. Disability may not exempt you from your obligation, however, the program you fall under may impact the child’s aiblity to receive it.
Why does it take so long to get Disability benefits when I start over?
WOW! This question comes up a few times. Here’s how it usually plays out:
1) You have applied and you got denied. So you decided to reapply, OR
2) You went all the way to a Judge and got denied. So you decided to reapply, OR
3) You went all the way to an Appeals Council Decision and you got denied. So you decided to reapply, OR
4) You were receiving disability benefits and you were cut off. So you decided to reapply, OR
5) You got a closed period of disability benefits. So you decided to reapply!
In any event, most people ask the same question “Why does it take so DAMN long to get Disability when you reapply??” And trust me, DAMN, is usually thrown in there somewhere.
Unfortunately, the short answer is “Just because you went through the process once, doesn’t mean you get preferential treatment when you go through the system again.” In other words, every time you go through the system, a new set of hands and eyes will be evaluating your case. As such, your case is treated as if you are filing for the very first time.
Now, I know what you’re thinking. You’re thinking “What about those earlier applications?”, “Do they check those records?”, or “What about the fact that I was disabled before?”. All of those are good questions so let’s go through the scenarios I provided:
1) You have applied and you got denied. So you decided to reapply, OR
OOOOOO, please don’t do this. SO many times, people think that if they just keep reapplying, they will ‘hit it’. Ladies and Gentlemen, this is NOT LOTTO!!! You have to go through the system to get the best results. Now, I’m not saying that you shouldn’t reapply. I’m saying that you should be mindful of the fact that you are starting over every time you reapply. They will go and get the info from your previous application (depending on how soon you reapply) but you are still starting over.
2) You went all the way to a Judge and got denied. So you decided to reapply, OR
I’ve said it to people a million times that you don’t usually get your best opportunity unless you actually go through the process. The process usually means from initial application to a Judge. Now, for Social Security’s purposes, your disability period is the day after the judge’s decision. Why? In their eyes, the Judge has already determined that you are NOT disabled up to the date of his or her decision so even if you were found disabled, SSA is probably not going to back beyond that date (Sometimes they do but most times they don’t).
3) You went all the way to an Appeals Council Decision and you got denied. So you decided to reapply, OR
Sometimes, people want to wait until they go all the way through the administrative process. Most representatives will probably tell you that while your case is pending before the Appeals Council, you should start a new application. In any event, if you reapply, the earliest date of benefits would be the day after the judges decision.
4) You were receiving disability benefits and you were cut off. So you decided to reapply, OR
This situation comes up a lot. You’ve been receiving benefits for an extended period of time. Then, for whatever reason, SSA determines that you are no longer disabled or no longer entitled to benefits. So you decide to reapply. Now, in your mind, you’re thinking that since you were receiving benefits before, you should have a leg up. NOT SO FAST, my good friend (in the words of ESPN’s LEE CORSO). You don’t get preferential treatment just because you were receiving benefits before. Remember, a determination was made that you no longer need the benefits so you have to prove the you do.
5) You got a closed period of disability benefits. So you decided to reapply!
This one is tricky. A closed period is a clearly defined start and stop. You were determined to have been disabled from one point to another. Let’s say from Jan. 1, 2008 through Jan. 1, 2009. Now, you decide to reapply. The same rules apply. You’re treated as if you have started from scratch.
Please remember that you are not entitled to any special privileges or opportunities just because you started over. You still must go through the process as if you are starting from scratch.
Be happy that you knew them as long as you did
Please find enclosed the hardest conversation to have to anyone who has lost a loved one:
Dear “My friend”:
Today is a day that no one wants to see. Today is a day that we all know will happen but pray that it won’t happen anytime soon. Today is a day that we knew existed but hoped that it would exist tomorrow or the day after or the day after. NOT TODAY!
But, my friend, today is that day. Today is the day when someone we love has come to the end of their earthly journey. Today is the day that they will be rewarded with the rest they so greatly deserve. Today is the day that they have no more worries. Today is the day that they have no more fears. Today is the day that they can start their new journey.
We are happy for them. They can rest peacefully. They can move on spiritually. They have succeeded in completing their life’s missions.
But TODAY, the pain is for us. We feel the pain of not having them here. We feel the pain of not being able to call them for advice. We feel the pain of not being able to see them on the holidays or on football weekends or on shopping trips. Today, we feel the pain of realizing that their earthly presence in our life has now become a spiritual presence in our life.
How do you exist with someone who is no longer here physically but only spiritually? How do you call someone on the phone or visit them or text them or e-mail them? How do you know they are listening? How do you know they are there? How do you know?
You know because you had them longer than others. You remember the times they got on your nerves. You remember the road trips. You remember the parties. You remember the late night phone calls. You remember the advice that still sticks with you. You remember them when you were there for their dark times and they were there for yours. They exist because you exist to share with the world the stories of times untold.
What’s even more powerful is that YOU knew them longer than others. You knew them before they were rich. You knew them when they became poor. You knew them when they were wiping the tears from your eyes and you knew them when they were cussing you out. You knew them before they were who they became and they knew you before they knew who you would become.
And more importantly, how did they KNOW you at the end? A cherished brother? A loving sister? A caring son? A passionate daughter? A strong mother? A gentle father? A friend to the end? Or all of the above! The way they know YOU is the way they will carry you from their earthly journey into their spiritual one. It’s not about what you didn’t say or do while they were here that should concern you. It’s about how you lived and loved with them while they were here that will last a life time.
And stop feeling guilty. Yes, you probably should have called more. Yes, you probably should have visited more. Yes, you probably shouldn’t have wasted so much time dwelling on those nasty fights you had. Yes, you probably should have stopped being a jerk. But you know, they know that if they need you, you will be there. They know that you loved them and that’s unconditional. You may have been stank THEN but you have always STAYED with them despite it.
Today is the day you didn’t want to face. Today is the day you didn’t want to arrive. For those of you who have never seen JAMES BROWN’s funeral, you missed a treat. The music played. The dancers danced. The people were having a jam session while the Godfather of Soul was laid to rest. On his day, the people remembered him for what he gave them in life. On this day, remember what your loved ones gave you.
No one is saying you’re crazy but it may help your Social Security case
Now, before you lose your mind and think that I am implying that you need to put that you’re CRAZY on your application for disability benefits, I AM NOT!!!!! LOL
When you apply for Disability benefits, it is important that you be honest and truthful about all of your medical conditions that affect that your ability to work.
In this situation, I’m talking to those people who are too proud to admit that they have other issues going on in their medical life that keep them from being able to work. In some instances, when people are applying for Social Security Disability benefits, they are applying based on one condition that they CLEARLY feel is the sole reason that is keeping them from working.
However, most people don’t realize that when Social Security Administration is evaluating whether you are disabled or not, they are looking at the combination of all of the person’s impairments and not just one. However, you have to be careful about a few things:
1) Mention impairments that impact your ability to work
Listen, when you apply for Social Security, don’t take the ‘kitchen sink’ approach. Don’t use this as the opportunity to talk about everything that bother you. The important thing is to focus on those conditions that effect your ability to work.
2) If you are depressed, don’t be ashamed to tell them
For some odd reason, people get embarrassed to admit that they have talked to a doctor about being depressed or that they are being treated for depression. More importantly, people have this fear that they may be viewed differently if people were to find out. Remember, if your depression or anxiety or other mental health problems affect your ability to work, Social Security needs to know about it. These things can actually help your case.
3) If you’ve gotten treatment, let them know
If you went to a therapist or a counselor or a psychiatrist, let Social Security know about it. If you are having additional problems that require you to get treatment, don’t be SHY. Let SSA know so they can determine if it impacts your case.
4) No one will know the reason you get disability except YOU!!
Your disability determination is NOT public record. Your family and friends can’t call the Social Security Administration and find why you’re on disability. That information is private to you and your case. Don’t let it frustrate you. It is private for a reason.
5) They will consider it if you say it.
Remember, SSA is going to investigate information that is provided to them about your case. Don’t HIDE information that may be helpful. Take a hard look at your conditions because it’s better to be upfront now than to make them try and figure out what’s wrong with you.
The important thing to remember is that Social Security has a big responsibility in evaluating all of your conditions as it relates to your ability to work. Don’t be shy about sharing the information because it can go along way to help your case.
Anthony Reeves
http://www.reevesfirm.com
Dedicated to representing the Disabled and the Discriminated
The hardest legal choices usually involve the ones you love
Ok, here’s the situation. You are in a car accident and the person at fault is a good friend or a family member. Do you call the police? Do you notify your car insurance?
What about a Will that leaves something to you that you know another family member. Do you give it to the family member?? What if the item is something you always wanted but your family member has always said they wanted it? If they fight it in court, are you going to fight it in court??
What about a family member that gets arrested and wants to use you as an alibi? Do you cover for them if the alibi is not true??
I wish I could give you the ‘CLEAN LEGAL’ answer for all of the scenarios but unfortunately, I can’t. I can tell you that you may need to investigate the damages for your car and speak to a Personal Injury Attorney. I can tell you that you may need to speak to an Estate Attorney regarding challenges to wills. I can tell you that you need to speak to a Criminal Defense attorney so you can appreciate the ramifications of your actions for covering (i.e. lying for a family).
Those responses are the “Legal” responses. Unfortunately, they are not necessarily the CLEAN responses. The reason I say they are not the CLEAN responses is because any time you are dealing with family members or loved ones and THE LAW, things are never as clean as we would like them to be.
It’s easy to deal with someone who is not a relative or a friend. However, when you find yourself in a situation where you are trying to separate your personal emotions and feelings about a legal situation, it can be come increasingly difficult based on the person you’re dealing.
Unfortunately, there is no easy answer. The phrase “The LAW is Blind” is also applicable to family members and friends. When you find yourself in a situation where you are forced to avail yourself of the legal system, you have to keep in mind that your relationship with that person will be affected by the legal process. The impact of that affection depends on you and your loved one.
Anthony Reeves
www.reevesfirm.com
Dedicated to Representing the Disabled and Discriminated
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