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
Just fill out the forms
Let me be the first to tell you that Social Security kills alot of trees. Now, that’s not a knock on them because they are working their butts off to become paperless. The simple fact of the matter is that Social Security requires alot of information in order to determine if you are disabled. As such, you are going to get a lot of forms to fill out.
Now, the toughest part about it is actually filling out the forms. Let me let you in on a little secret: It’s NOT that hard!
I am always amazed by how many people get intimidated by the Social Security Forms. So here’s a few words to help you with the forms:
1) Be consistent
Most people don’t understand that when you fill out those forms for Social Security, SSA is trying to determine if you are providing consistent information. So many times, people will throw in different things each time and that sends a big red flag to SSA to let them know that you may not be truthful with them. Remember, be consistent.
2) If you don’t understand, ask for help
Some of those forms can easily be one to two pages. However, some of those forms can easily be 8 to 10. If you get a form that is too overwhelming, ask someone to help you. The forms typically are straight forward so don’t let it intimidate you or overwhelm you.
3) Don’t be slick
Here’s where people get in trouble ALLLLLLLL the time. You trying to get yo hustle ON and you think that you can BEAT the system by trying to make yourself look worse than you are. Be CAREFUL. If you complain that you are depressed but you’ve never told your doctors or anyone OR you complain about constant back pain but you don’t take any medications (not even over the counter) OR you just out right lie about your condition, you are making your case harder for your self. Don’t try to beat the system.
4) Be honest
Now, just as I said above, don’t try to BEAT the system. Just be honest. You can never go wrong with being honest. If your back hurts now but then it got better on its own and now, you are in pain in your feet, if you’re honest, then you are good to go. Just think about your life on a daily basis and tell the truth.
5) Keep a copy just in case
I know it sounds tough because you spend so much time filling out forms but make sure you take the time to keep a copy of the forms just in case. You want to make sure that if SSA doesn’t get the copy, you can just send them another one. This way, you’re not filling out the form again.
6) Yes, they do read them
Contrary to popular belief, SSA reads these forms. These forms are what they rely on when they are trying to obtain additional information about your case. Keep this information in mind so that you ensure you give them as much information as possible to develop your case.
7) You may have to fill them out again
Every state is different but in some states, you may be required to fill out the forms again later on down the line in the process. Don’t take it personal. They are not out to get you. They just need additional information and you are the best source of that information.
Yes, we know the process is frustrating but remember, you don’t have to let it overwhelm you.
Two magical points in Social Security: 18 years old and 65 years old
One of the toughest things to explain to people regarding Social Security is helping them understand that there are two points where Social Security takes significantly different turns. One, is when you turn 18 and the other is when you turn 65 (or 66 or 67 depending on when you were born). Here’s why:
The 18th YEAR
1) Child to Adult
Under the Social Security Regulations, a person is considered an adult at the age of 18. As a result, this means that your child is no longer considered a child under Social Security standards.
2) Benefits may end right away MAYBE
Most people don’t realize that the standards for disability is different for adults than it is for children. So if your child is getting disability benefits, you shouldn’t be surprised if Social Security makes the decision to either cut off your child’s benefits or review the file to determine if the child should continue receiving benefits at 18.
3) Benefits may continue
Under some circumstances, the benefits may continue. If the child is still in high school, the benefits may continue for a brief period. In addition, if Social Security determines the child meets the criteria for a disabled adult, the benefits may be continued as well.
4) Rep Payee Stops
Depending on the condition your child, once they turn 18, Social Security may determine that the child has the ability to manage their own funds. As a result, if a Representative Payee had previously been assigned, they may discontinue the Representative Payee services.
5) Parents may lose rights
The toughest part of the process is usually for the parents who have been used to having complete access to their child’s information. However, once the child has been determined to be an adult, the access to that information may ceases..
The 65th YEAR (or 66 or 67)
1) Disability and retirement is from the same pool of money
Most people don’t realize that once the person reaches retirement age (65, 66, or 67), the money you receive for disability automatically changes to retirement. Same money, different name.
2) You can apply for Disability even if you retired early
Some people decide to retire early but it is important to remember that if you retire early, you may be eligible to receive disability. It’s important to remember that when you retire early, you typically will only receive 80% of what you would have received had you reached full retirement age. Applying for disability before you reach retirement age may give you the ability to apply for the remaining 20%.
3) No more extra money
Sometimes people who retire think that they can get extra money by applying for disability. As stated above, if your application for disability benefits is for the period of time when you are eligible for retirement benefits, you are probably not going to get anything more than you have.
4) Disability reviews stop
Most importantly, the reviews stop. As most people know, Social Security can review your benefits to determine if you are still disabled. Once you hit retirement, it stops.
It’s tough because some people don’t realize that Social Security has different cut off points during the course of the Social Security Disability process. Understanding them, may make a difference.
How to deal with limited medical resources when applying for Social Security Disability
One of the toughest parts of Social Security Disability is the fact that when you apply, YOU have the burden of proving that you are disabled. The unfortunate part of the process is that most people who are applying don’t have the medical insurance in order to prove their case. As a result, these people are stuck in the position of trying to figure out HOW they are going to prove that they are unable to work.
I always hate being asked the question “How can I prove I’m disabled if I don’t have medical insurance?”. My usual answer is “do the best you can!”. This answer doesn’t provide much comfort but it is the unfortunate situation that most people find themselves in when they are applying for disability benefits.
However, here are a few things that you may want to think about when you are trying to get treatment:
1) Free Clinics. Contrary to popular, a lot of areas have free clinics to provide treatment to those who are underinsured or have no insurance.
2) Health Department. At the end of the day, the best place to start is the health department. Some counties provide limited health insurance to individuals and these programs are typically run by the health department.
3) University Medical Schools. Interestingly enough, alot of medical schools have special programs which enable them to provide treatment to the poor.
4) Community Health programs. Sometimes, non profit organization may provide limited health services and benefits to those with low income.
Most people don’t appreciate it when I say “Some treatment is better than no treatment. Get what you can.”. The simple fact is that most people don’t have the financial means to obtain the medical treatment they desire or require. As such, I encourage people to do whatever they can to obtain the medical treatment they need in order to prove their case.
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