Can SSDI depended benefit backpay be used to satisfy arrears

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Latest post Tue, Feb 23 2016 5:55 PM by beau55. 6 replies.
  • Sat, Feb 20 2016 1:38 PM

    • beau55
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    Can SSDI depended benefit backpay be used to satisfy arrears

    I was just approved for SSDI. Some fo my backpay was intercepted for the state DES to pay off the arrears. The custodial parent will also received some backpay on my benefit....and it is more than the arrears. Is it permissible to apply the backpay received by the custodial parent to satisfy the arrears?

    The disabiliity onset date recognized by SSA predates the period of missed child support. The state will administratively adjust the child support so that the derivative monthly amount will satisfy the obligation, but not until after the custodial parent has applied for and is receiving benefits.

    I spoke with the child support enforcement agency and she did not know the answer to this. The state statute doesn't seem to adress it, either.

  • Sat, Feb 20 2016 11:32 PM In reply to

    Re: Can SSDI depended benefit backpay be used to satisfy arrears

    The relevant statutes matter, and you did not indicate the state.

  • Sun, Feb 21 2016 8:24 AM In reply to

    • beau55
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    Re: Can SSDI depended benefit backpay be used to satisfy arrears

    Arizona

  • Mon, Feb 22 2016 2:42 PM In reply to

    • beau55
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    • Joined on Fri, Apr 27 2007
    • Posts 4

    Re: Can SSDI depended benefit backpay be used to satisfy arrears

    Anything?

    I talked to the DCSS caseworker today, and she said she did not know and would talk to her supervisor about it.

  • Tue, Feb 23 2016 7:34 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,368

    Re: Can SSDI depended benefit backpay be used to satisfy arrears

    Get EX moving as to,signing up ......if not already. 



  • Tue, Feb 23 2016 1:45 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,368

    Re: Can SSDI depended benefit backpay be used to satisfy arrears

    Does not your childs getting derivative SSDI ( 50% of yours in general) depend on YOU getting that ball rolling? 



  • Tue, Feb 23 2016 5:55 PM In reply to

    • beau55
    • Not Ranked
    • Joined on Fri, Apr 27 2007
    • Posts 4

    Re: Can SSDI depended benefit backpay be used to satisfy arrears

    The mother lives in a different state. She has to apply for the derivative benefit. There's nothing about that part I can do except wait for her to apply, which she says she will be doing on her next day off.

    But whether, and when  she applies is not really the question here.

     

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