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.
What happens after the Social Security hearing and beyond??
This post focuses on what happens after a Social Security Hearing and what happens if you win:
1) Nothing happens until it’s writing.
So after months and months of waiting, you finally go to your Social Security Disability hearing. You got prepared. You took all of your medical records. You gave your testimony. Now what?? Very simple. You wait! NOTHING, and I repeat, NOTHING will happen with your case until you get a written decision from the judge. The written decision directs the Social Security Administration on what to do with your case.
2) They say _____ days but that’s just a guess.
In some hearings, the judge may give you an “APPROXIMATE” time of how long it will take to get a written decision. Please note that I emphasize “APPROXIMATE”. Please don’t walk out of the hearing thinking that the judge is GUARANTEEING that you get the decision in the days the judge said. Here’s why. First, if you have any records outstanding, they may wait on those records. Second, the judge has to give their information regarding the decision to a ‘writer’ who will write the decision. I hate to tell you but there are usually only a few writers for several judges who have to handle hundreds of cases a piece. Third, after the decision is written, the judge has to review the decision. Finally, after the judge gives the ok, it goes and gets a final edit and then released to you. In the best case situation, this can be a few weeks. I’ve had a few that lasted up to 6 months. It just depends.
3) You can’t rush the judge so why bother.
Listen, the JUDGE is the final decision maker and you CAN’T act a fool with the judge. Remember all those times you were blowing up Social Security phone line demanding your case to be processed or moved forward, well you’re at the final destination and the Judges take their role of evaluating your case seriously. And most importantly, the JUDGE is the LAST person you want to harass about your case. They already know how important it is and how long you’ve been waiting so ‘chill out’ and wait.
4) Just because they SAY you’re approved don’t get the high pro glow.
Judges rarely will tell you that you’re approved at the hearing. However, in some instances, they may tell you. However, it’s important to remember (as stated at point #1) that you need to wait until you get the written decision. Am I saying that a judge will lie? NO, that’s not what I’m saying. However, a judge can review your information and change their mind after reviewing everything again so wait until you see the decision.
5) Now, you got it, here’s what the language means: Alot of times, people will get the decision and not fully understand what all of the extra language means. Here’s a quick down and dirty of what you’re looking -
a. Fully Favorable / Partially Favorable
On the very first page, you should see something that says Fully Favorable or Partially Favorable. Fully Favorable means that you got everything you asked for in your request (In terms of your disability date and eligibility for programs from a disability standpoint) and Partially Favorable means that you win but the Social Security Administration disagree with the full extent of what you’re asking. You may get something but not the full amount of what you were expecting.
b. Appeals Rights
Under the regulations, you have 60 days to appeal the decision. Usually people don’t appeal a Fully Favorable but you can appeal a decision. It is your right.
c. Appeals Council can review
Most people don’t realize that there is a judicial body that oversees the judge’s decisions and can render a decision regarding a case. In some instances, the Appeals Council can pull a decision to determine if the judge makes the right decision. What does that mean? If the Appeals Council has a problem, they can make the judge (and you) have the hearing again because of a discrepancy.
d. SSI means the date of the application (that’s when you get paid)
If you have a Supplemental Security Income case, your application date is crucial because that’s the date Social Security will start paying you.
e. DLI doesn’t mean that’s when your disability will run out
These initials stand for “Date Last Insured” and this date almost ALWAYS throws people for a loop. This date does NOT mean that this is when your disability will run out. It is an insurance date. Remember, when you are applying for disability on your earnings, you have to demonstrate you became disabled within a certain period of time. That period of time is anytime before your DATE LAST INSURED. So when you see that date and the decision says “date last insured”, as long as you became disabled before that date, you should be fine.
6) Who is going to pay you???? This part is even more confusing because sometimes people don’t know when they are going to get paid -
a. SSI - Local Office
If your claim was for Supplemental Security Income ONLY, the local office that handled your claim will be the only office handling your payments (Unless you moved).
b. DIB – payment center
If your claim was based on your earnings, a payment center (usually in Baltimore, Birmingham, or Jamaica-NY, etc.) will be responsible for handing your payments.
c. Concurrent – a little of both (this one takes awhile)
Here’s how it gets tricky. If you qualify for both programs, the SSI portion has to go through the local office and THEN, the case gets transferred to the payment center to handle the other portion. It’s tricky because they both rely on information from each other so if one office is missing something, this may hold up payment on both ends.
7) How long? Stop rushing them, you gonna get your money
This statement may seem cold but recognize “You gonna get yo money”. I say that because SSA recognizes that once you’ve been approved, you have a burning desire to get your money as soon as possible. I typically tell people to give it 60 to 90 days to get everything in the system. In that time, you should get your back pay, start getting your monthly pay, and additional information.
What are these letters from SSA??? Notice of information? Awards Notice?
Social Security is going to send you alot of information about how much money you’re going to get and when you’re going to get it. If you happen to get your money FIRST, don’t freak. It happens like that sometimes. Just know that SSA will make sure that you’re informed.
9) Make sure you have your documentation that they need or your money WILL go slow.
Remember, SSA is going to ask you for alot of information so if you’re slow on the draw regarding providing that information, you could hold up your case.
Yes, Yes, I know it’s amazing all of the things you have to do but recognize, in the end, you will be happy you receive your benefits.
