Social Security Disability Benefits & Child Support
U.S. citizens affected by disability often rely on the Social Security Administration System. This system provides monetary assistance for people whose ability to function normally has been compromised. Citizens may be eligible for retirement benefits, survivor benefits and disability benefits. The federal policy on child support attempts to obtain support from noncustodial parents to keep custodial parents and their children off welfare. If the parent paying child support receives Social Security benefits but defaults on child support payments, the government can withhold these payments from the parent's benefits.
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Basics of Social Security Disability Insurance (SSDI)
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The disabled populace in the United States has a number of federal and state assistance programs; SSDI is one such beneficial program intended for those who are disabled or unable to work due to a medical condition that is expected to last for at least one year. SSDI is restricted to individuals who have some previous employment history; this insurance is payable to a disabled person if he is "insured" (i.e., he has worked long enough and paid Social Security taxes during the time).
Child Support through SSDI
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Divorcees or those separated from the custodial parents of their children become legally responsible for paying child support. Sometimes the custodial parents are not aware of the special considerations applicable to Social Security disability and child support programs available to them.
If a parent on SSDI who is responsible for paying monthly child support payments defaults on the payments, they can be taken from his SSDI proceeds. This is possible once the custodial parent can prove that the disabled parent has not been making his child support payments. When proven, the claimant’s SSDI payments can be reduced to reflect the payment being extracted and paid to the custodial parent.
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Legal Guidance
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SSDI process is by itself vast and complicated and the issue of child support makes it further complex. Claimants of SSDI should provide all the necessary information about their dependent children when they apply for SSDI benefits. In case of doubt, seek legal guidance to understand the intricacies of the circumstances and proceed in the right direction.
SSDI Requirements
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Prior to applying for the SSDI benefits, determine your qualification for the same. One important consideration is the duration of unemployment period as the applicant must be unemployed for at least a year to qualify. Secondly, the length of employment before disability is also an important factor; those who have worked for many years without any disability are more likely to qualify. In addition, a medical report by the family doctor giving expert opinion about working capability should be sent with the application.
Application Process
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The approval process for SSDI may take weeks; further, errors or incorrect information can delay or even result in rejection of an application. If an applicant is denied benefits, he can begin the process of appeal referred to as a Request for Reconsideration. The applicant receives no benefits while the file is under consideration.
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