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If dad is disabled and receiving SSDI which results in the child being eligible for auxiliary benefits, and dad is receiving the auxiliary benefits for the child, BUT the child lives with mom, mom pays the child's expenses and mom has custody, then it would seem reasonable to ask Social Security to have the auxiliary benefits sent to mom on behalf of the child.
If mom is trying to get dad to pay child support out of dad's disability benefits, then you are basically asking if mom can garnish dad's disability benefits to pay the child support. I do not deal with this issue because it is more of a family law matter.
According to Tim Moore though, Title 2 Disability Insurance benefits can be garnished for child support, while Title 16 Supplemental Security Income (SSI) benefits cannot be garnished. See Tim's post on this here: http://disabilityblogger.blogspot.com/2006/07/c...
This is general information only and not legal advice. Contact a lawyer for advice on your specific circumstances.
I tried to contact you via email, but it keeps getting bounced. Hi Amanda,
This site can only provide general information so I can't tell you what to do. Also, I cannot tell what kind of benefits you were receiving: auxiliary benefits because of a disabled parent (note this would not be SSI) or SSI benefits for your own disability (if any), or benefits based on another Social Security program.
I encourage you to contact a lawyer in your area to get your questions answered. If you look, you will find someone who will do a free consultation for you.
All my best.
There is no way to tell based on the information you have provided. Have you contacted Social Security?
As stated in the article, the very first factor is whether the child is "the insured person’s child, based upon a relationship described in §§404.355 through 404.359"
Take a look at those regulations. Would the children qualify as your children under any of the requirements in 404.355 through 404.359?
404.335 http://www.ssa.gov/OP_Home/cfr20/404/404-0355.htm deals with the natural child of the insured.
404.336 http://www.ssa.gov/OP_Home/cfr20/404/404-0356.htm deals with a legally adopted child.
404.337 http://www.ssa.gov/OP_Home/cfr20/404/404-0357.htm deals with step children.
404.338 http://www.ssa.gov/OP_Home/cfr20/404/404-0358.htm deals with grandchildren or step-grandchildren.
404.339 http://www.ssa.gov/OP_Home/cfr20/404/404-0359.htm deals with equitable adopted children.
Even if none of these requirements apply, you may still want to talk to someone at Social Security to see if the children might qualify under this or another Social Security program.
Good Luck!
The types benefits would change (from auxiliary to survivors' benefits), but I do not know if this would impact the amount of the benefits.
FYI, there is a general requirement that before an individual can receive benefits, they have to apply for them. That may seem obvious but it comes up more often than most people imagine. For example an individual may have been eligible for Social Security for years, but if they only applied last month. Then they may be entitled to benefits either as of the filing date (SSI benefits) or a maximum of 12 months before that date (SSDI benefits).
I wish you the very best.
This communication does not form an attorney-client relationship. This communication is not legal advice, nor should it be relied on without obtaining legal advice. No representation is provided without a validly executed fee agreement. Phew!
However, Supplemental Security Income (SSI) benefits are only paid to the disabled individual.