Comments on: Can children get Social Security benefits because of disabled parent? http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/ Published by the Stasiuk Firm PC Sat, 11 Feb 2012 22:02:00 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: TomaszStasiuk http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4493 TomaszStasiuk Sat, 11 Feb 2012 22:02:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4493 Child support requirement are a matter of state law and judicial orders. We discuss the issue involved in Colorado here: http://www.socialsecurityinsider.com/2011/04/do-social-security-auxiliary-benefits-reduce-child-support Ultimately though, it comes down to what a judge says. I encourage you to contact a lawyer in your area for information about your specific circumstances. Child support requirement are a matter of state law and judicial orders. We discuss the issue involved in Colorado here: http://www.socialsecurityinsider.com/2011/04/do-social-security-auxiliary-benefits-reduce-child-support

Ultimately though, it comes down to what a judge says. I encourage you to contact a lawyer in your area for information about your specific circumstances.

]]> By: Anne Estelle http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4490 Anne Estelle Sat, 11 Feb 2012 18:18:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4490 If a parent is receiving social security disability and their children are getting payments - can they legally stop paying child support and just let the disability be paid for the child If a parent is receiving social security disability and their children are getting payments - can they legally stop paying child support and just let the disability be paid for the child

]]> By: TomaszStasiuk http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4476 TomaszStasiuk Thu, 09 Feb 2012 23:15:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4476 You may want to call Social Security Advice Online. They are a national company made up of former Social Security managers. Note: this is a private company not affiliated with the Social Security Administration.  I believe they will be able to crunch the number to see if SSA would owe any money. They are considerably cheaper than working with an attorney on something like this. You can reach them at http://socialsecurityadviceonline.com and (513) 860-5924 , (513) 779-7439.  You may want to call Social Security Advice Online. They are a national company made up of former Social Security managers. Note: this is a private company not affiliated with the Social Security Administration. 

I believe they will be able to crunch the number to see if SSA would owe any money. They are considerably cheaper than working with an attorney on something like this. You can reach them at http://socialsecurityadviceonline.com and (513) 860-5924 , (513) 779-7439. 

]]> By: Latara Thomas http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4475 Latara Thomas Thu, 09 Feb 2012 21:52:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4475 Hello Tomas. I want to thank you for your reply. So if what you are saying is true, this means social security owes me over $14,000! Now, I am going to have to try to fight to get this money and I know it isn't going to be easy, but I just got a letter in the mail from social security saying if I want to have my case heard in front of an ALJ I have 60 days to appeal. THANKS!!!!! Hello Tomas. I want to thank you for your reply. So if what you are saying is true, this means social security owes me over $14,000! Now, I am going to have to try to fight to get this money and I know it isn’t going to be easy, but I just got a letter in the mail from social security saying if I want to have my case heard in front of an ALJ I have 60 days to appeal. THANKS!!!!!

]]> By: TomaszStasiuk http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4469 TomaszStasiuk Thu, 09 Feb 2012 05:39:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4469 Hi Latara. It's a good question. I asked around to try to find an answer. Here is the answer I got: "If both mom and dad are receiving T2 benefits, the payment is paid from the record with the larger PIA. If the full 50% benefit is not paid due to the family maximum, Social Security must do a combined family maximum. They add the family maximum from each record together and that becomes the new family maximum. There is also a dollar limit on the amount of a combined family maximum and it is based on the limit for the year the maximums are first combined." Hi Latara. It’s a good question. I asked around to try to find an answer. Here is the answer I got: “If both mom and dad are receiving T2 benefits, the payment is paid from the record with the larger PIA. If the full 50% benefit is not paid due to the family maximum, Social Security must do a combined family maximum. They add the family maximum from each record together and that becomes the new family maximum. There is also a dollar limit on the amount of a combined family maximum and it is based on the limit for the year the maximums are first combined.”

]]> By: Faithhonestyhope http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4467 Faithhonestyhope Thu, 09 Feb 2012 01:19:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4467 Hello. I wanted to respond to you because I was a minor when my mom began receiving aux benefits for me and she wasn't giving me anything and I thought this wasn't fair, so I contacted social security myself to get answers. I was told by 5 different reps that as long as I was a minor and she had bills there was no way to fight what she did with the money (just as long as the amount of her bills were consistent with the checks.) So if the rent was $600 and food, lights and other bills equaled to $600, and the checks totaled to $1,200 this meant the checks were well spent. They said because my mom took care of me, and because the things I described above were necessary for me to be taken care of, then it was enough to prove the money was spent on me. I found it to be a crock of B.S. especially when she had the money to do other things that weren't necessary, but since I was a minor I couldn't do anything about it.  Hello. I wanted to respond to you because I was a minor when my mom began receiving aux benefits for me and she wasn’t giving me anything and I thought this wasn’t fair, so I contacted social security myself to get answers. I was told by 5 different reps that as long as I was a minor and she had bills there was no way to fight what she did with the money (just as long as the amount of her bills were consistent with the checks.) So if the rent was $600 and food, lights and other bills equaled to $600, and the checks totaled to $1,200 this meant the checks were well spent. They said because my mom took care of me, and because the things I described above were necessary for me to be taken care of, then it was enough to prove the money was spent on me. I found it to be a crock of B.S. especially when she had the money to do other things that weren’t necessary, but since I was a minor I couldn’t do anything about it. 

]]> By: Latara Thomas http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4458 Latara Thomas Tue, 07 Feb 2012 17:05:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4458 I live in the state of Virginia and I am getting Title 2 disability benefits. My children began receiving aux benefits as soon as I began receiving payment. Then a half year later, my husband who also lives in the same house as us began receiving title 2 benefits under his own record due to disability. At first the social security office lied and said my children can only get benefits under 1 record no matter if both parents are disabled and receiving their own benefits and then after doing countless hours of research and learning that was a lie I contacted them and they began paying my children under their father's record. Here is my question: I have read that the family maximum is to be combined if both husband and wife are together in the same household, and both receiving social security Title 2 benefits, (Social Security Code of Federal Regulations Section 404.403) is this true? If so, are children are supposed to receive 1 half each parents benefit amount just as long as it is within the family maximum?  I live in the state of Virginia and I am getting Title 2 disability benefits. My children began receiving aux benefits as soon as I began receiving payment. Then a half year later, my husband who also lives in the same house as us began receiving title 2 benefits under his own record due to disability. At first the social security office lied and said my children can only get benefits under 1 record no matter if both parents are disabled and receiving their own benefits and then after doing countless hours of research and learning that was a lie I contacted them and they began paying my children under their father’s record. Here is my question: I have read that the family maximum is to be combined if both husband and wife are together in the same household, and both receiving social security Title 2 benefits, (Social Security Code of Federal Regulations Section 404.403) is this true? If so, are children are supposed to receive 1 half each parents benefit amount just as long as it is within the family maximum? 

]]> By: URIEGAS http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4457 URIEGAS Tue, 07 Feb 2012 15:28:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4457 If he adopted his stepchild then he has the right to ask for half to go to her. Sounds like he doesn't love his real daughter and would take it all away from her, if he could within the Law. If he adopted his stepchild then he has the right to ask for half to go to her. Sounds like he doesn’t love his real daughter and would take it all away from her, if he could within the Law.

]]> By: URIEGAS http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4456 URIEGAS Tue, 07 Feb 2012 15:26:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4456 If he adopted the two children that aren't his then the money will be divided into four parts and the same amount would be divided  for two children that are his, if the other two aren't included.. If he adopted the two children that aren’t his then the money will be divided into four parts and the same amount would be divided  for two children that are his, if the other two aren’t included..

]]> By: URIEGAS http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4455 URIEGAS Tue, 07 Feb 2012 15:23:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4455 If she was working and had enough credits then it's possible the child can get some money and even the father too can get a check since he has the child. If she was working and had enough credits then it’s possible the child can get some money and even the father too can get a check since he has the child.

]]> By: URIEGAS http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4454 URIEGAS Tue, 07 Feb 2012 15:21:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4454 If they want to go to college they need to get money from the mother or father because they won't get money for their college education from the Government unless they apply for a Grant. If they want to go to college they need to get money from the mother or father because they won’t get money for their college education from the Government unless they apply for a Grant.

]]> By: URIEGAS http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4453 URIEGAS Tue, 07 Feb 2012 15:19:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4453 You have to pay child support until the child reaches 18 years of age and that's the way it's going to be until the Laws are changed, but that will never happen. You have to pay child support until the child reaches 18 years of age and that’s the way it’s going to be until the Laws are changed, but that will never happen.

]]> By: URIEGAS http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4452 URIEGAS Tue, 07 Feb 2012 15:16:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4452 No unless he wants to pay your way. No unless he wants to pay your way.

]]> By: URIEGAS http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4451 URIEGAS Tue, 07 Feb 2012 15:14:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4451 It's more about the money these days. It’s more about the money these days.

]]> By: URIEGAS http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4450 URIEGAS Tue, 07 Feb 2012 15:11:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4450 I think they were kicked by the Giants this year and they ( the Giants ) are Super Bowl Champions something the Cowboys only  dream off becoming.. I think they were kicked by the Giants this year and they ( the Giants ) are Super Bowl Champions something the Cowboys only  dream off becoming..

]]> By: URIEGAS http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4449 URIEGAS Tue, 07 Feb 2012 15:07:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4449 Your mother may be getting your money and not telling you it is there. Your mother may be getting your money and not telling you it is there.

]]> By: URIEGAS http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4448 URIEGAS Tue, 07 Feb 2012 15:05:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4448 Same thing happen to our son, but his money was added on to the benefits of my wife and daughter, so no money wasn't lost to the family. Same thing happen to our son, but his money was added on to the benefits of my wife and daughter, so no money wasn’t lost to the family.

]]> By: URIEGAS http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4447 URIEGAS Tue, 07 Feb 2012 15:01:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4447 Correction, if it's SSD then they should get their share, but if he gets SSI then they don't get anything except child support money. Correction, if it’s SSD then they should get their share, but if he gets SSI then they don’t get anything except child support money.

]]> By: URIEGAS http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4446 URIEGAS Tue, 07 Feb 2012 15:00:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4446 Yes, because he's still their father and he should also be paying you child support. Yes, because he’s still their father and he should also be paying you child support.

]]> By: URIEGAS http://www.socialsecurityinsider.com/2009/01/children-can-get-social-security-benefits-because-of-disabled-parent/comment-page-3/#comment-4445 URIEGAS Tue, 07 Feb 2012 14:58:00 +0000 http://www.socialsecurityinsider.com/?p=1405#comment-4445 It is money to help out, but you have the right to get some of it and save it, but be sure you don't have it, when you turn 18 because the Government will want it back for not using it. It is money to help out, but you have the right to get some of it and save it, but be sure you don’t have it, when you turn 18 because the Government will want it back for not using it.

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