Dependent Social Security and Retroactive Pay

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Latest post 05-15-2007 4:00 PM by diananana. 26 replies.
  • 04-17-2007 12:30 AM

    Question [=?] Dependent Social Security and Retroactive Pay

    Hello all, I am new here, have been reading posts the past couple of days and found that several of you seem to be quite knowledgeable, so please give your input if you would....

    My ex-husband has won his SSDI case after over 5 years of battling, he is going to be receiving $1,700/mth, and received a VERY large sum last week for back pay. He has been told that both my boys(ages 20 and 12) will be receiving back pay as well, and my 12-year old will be receiving $750$800/mth til he is 18. I applied March 8th for benefits for my youngest son, but have received nothing in the mail or by phone since except for papers to sign days after. I have received no exact $ amount for monthly or back pay payments, neither has my 20 year old son. Can anybody tell me how long it takes to receive a notice or a call after the disabled parent receives $? Does it seem feasible that they would pay that large of an amount monthly and for back pay for one child? I also am not sure if I have to open an account in his name or what we can spend the $ on. A down payment for a house? A vehicle? Pay off medical bills? All I am told when I call the 800 number is that it is at the payment center. What exactly does that mean? Sorry to ramble, but this is all so confusing to me, as well as stressful. Thanks in advance......

    God Bless

  • 04-17-2007 9:24 AM In reply to

    • patrice
      Consumer
    • Top 100 Contributor
    • Joined on 04-17-2001
    • CT
    • Posts 483

    Feedback [*=*] re: Dependent Social Security and Retroactive Pay

    Generally what people do with retroactive monies is to pay bills.

    I would not necesarily repay medical bills, though, since your husband has an entitlement to Medicare Parts A, B, & D. (I recommend that he take all parts of Medicare.) See what bills Medicare will cover first, and then you can pay off the portion that Medicare doesn't pay.

    Ask your attorney if you can buy a Medigap policy to cover the cost that Medicare hasn't paid. I am not sure if you can or not. Well, of course you can and should to cover future bills--I just don't know if the Medigap policy will go back to cover previous bills or not.

    Your husband can spend his retroactive check any way he wants, so he can certainly buy a vehicle or put the money down on a house (after the bills are paid off.)

    The secondary benefit--the amount due your children--is one amount. So if the secondary benefit is, say, $800/mo., then that figure is divided by the number of secondary beneficiaries.
    (Is that 2 sons, or 3? You mentioned a youngest child--is that the 12-year-old, or is there another one?) There will be a retroactive check on that as well. I do not know how long it will take to arrive.

    Good luck and spend wisely.
  • 04-17-2007 11:06 AM In reply to

    Feedback [*=*] re: Dependent Social Security and Retroactive Pay

    Because the 20 year old is over 18, SSA may pay his share directly to him.

    For the period between when your ex's disability benefits began and when your older son completed high school, your two kids will share the dependency benefit. Consequently, the back pay share for your younger son will not be calculated at $800 a month, even if that is what you currently receive on his behalf or will soon receive. It probably will be around half of that. Also, remember that your son's current monthly benefit has been adjusted for annual cost-lof-living increases over the past five years. The original starting figure for the dependncy benefits is probably closer to $675 or $700 a month before the split between the two kids.

    The calculations are somewhat complicated. Just be patient. You and your older son should hear something fairly soon, within the next 30 to 45 days.

    Once a year, SSA will send you an annual questionaire asking you what you are doing with the money. I used to get them for my son (who aged off the program a couple of years ago). I completed and sent them back and never heard another word from SSA. I pretty much spent the money as I saw fit. Sometimes, some of it went towards the rent (and later on a mortgage payment). After all, I could have lived in a one bedroom apartment or house, except for the fact that I had custody. Therefore, I needed to live in a place that had at least two bedrooms.

    I wouldn't blow the money on something that clearly is an extravagance or not arguably for the kid. If your ex is like most people on disability, he hasn't been able to pay child support in awhile. Use the money to catch up on the bills that you couldn't pay or for needs that you may have postponed for financial reasons, such as a trip to the dentist for the kid, etc.
  • 04-17-2007 11:47 AM In reply to

    Child Support???

    Are you receiving child support for your 12 year-old son?
  • 04-17-2007 7:59 PM In reply to

    re: Dependent Social Security and Retroactive Pay

    Thank you to those of you that replied. To clarify things, it is my ex-husband, and I have two sons, one 20, one 12. My ex and I were both told that the boys were EACH entitled to between $700 and $800 a month, which would be less than 50% of what their father is getting monthly. My ex made very good money for many years. As far as the spending of the money goes, bills, a vehicle and a house are what I am going to spend it on, because I have been scraping supporting my children for 6 years with no support. As far as the dentist goes, I have insurance thru my job. I just got off the phone as I was typing this and SS told me I could expect a back pay check any day! yes! She said a letter SHOULD follow shortly, thanks again!

    Kathy
  • 04-17-2007 8:03 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on 12-09-2000
    • NV
    • Posts 5,205

    Feedback [*=*] re: Dependent Social Security and Retroactive Pay

    Teh family benefit is generally 1/2 of the primary benefit, split among those eligible to receive it. Your oldest son's entitlement ran out when he turned 18 (unless he was still in high school and it would last until he grauated or turne 19)
  • 04-17-2007 11:42 PM In reply to

    More [=+=] re: Child Support???

    I haven't received child support since January 2001, so they are considering this child support I am sure. Thats ok, if it seems fair to me, my ex and I are on pretty good terms, and he was only receiving $198/mth on GR since all of this began. Also, I think those of you that posted earlier are probably right, I believe that they will split the monthly amt between my two sons until my oldest turned 18. I found out just awhile ago from my ex that he is actually going to be getting $1,800/mth from SSD, that is about as much as I gross, if even that working for my son and I. This whole thing is just so very confusing to me, I know I will have money that I probably never would have, but I do need to buy a home for my son and I, pay off major medical bills and get a semi-new vehicle. A check is on its way, how much I have no idea........Thanks again to all of you

    kathy
  • 04-18-2007 1:34 AM In reply to

    Question [=?] re: Child Support???

    I guess I am naive in some ways, what does CIB stand for? Child Enforcement Bureau? If so, I went to the Child Enforcement Bureau at the beginning of all of this, when I first found out my ex was going to receive major $ from SSID. I didn't do anything before because I knew he wasn't bringing anything much to speak of. My kids are still more important to me than $ and didn't want to ruin the relationship my youngest has with his father. I also didn't want to get into trouble for collecting from SSID and Child Support. We are on good terms now, would like to keep it that way although I still feel he owes me some $, especially depending on what I get from SSID for my son. When I last called Child Support Enforcement before I stopped the actions, they said he owed me $1,250? My figures are $71,000, according to the court order. I know that is not feasible because of the medial amount he has been bringing in since 2001, but its confusing when somebody has won a disability case, owes you major money, I don't know much of anything about disability really. I don't know how much I am going to get, and I have been wondering if I shouldn't maybe talk to him about getting more for myself after all of these years of major struggles. I really don't know how any of this works, have never dealt with any of it in the past, even at 46 years old. Sorry to ramble on, just really impressed by the knowledge on this board. God bless


    Kathy
  • 04-18-2007 6:13 AM In reply to

    SSDI-CIB - AZ

    CITATION: Arizona Child Support Guidelines Effective January 1, 2005

    GUIDELINES state:

    25. Credit for Benefits

    Benefits, such as Social Security Disability or Insurance, received by a child as a result of contributions made by the parent paying support shall be credited as follows:

    a. Only the benefits received by the parent are included as part of that parent's gross income.

    b. If the amount of the child's benefit for a given month is equal to or greater than the parent's child support obligation, then the parent's obligation is satisfied. Any benefit received by the child for a given month in excess of the child support obligation is not treated as an arrearage payment nor as a future payment.

    c. If the amount of the child's benefit for a given month is less than the parent's child support obligation, the parent must pay the difference.

    INTERNET ACCESS TO THIS SOURCE:

    http://www.supreme.state.az.us/dr/childsup/drguide.htm
  • 04-18-2007 6:43 PM In reply to

    Check Your Case For Payments

    >>>When I last called Child Support Enforcement before I stopped the actions, they said he owed me $1,250? My figures are $71,000, according to the court order<<<

    You can know the history of payment by clicking https://www.azdes.gov/siteuser/Auth
  • 04-18-2007 6:45 PM In reply to

    What is CIB?

    The benefit your son is receiving is called Child's Insurance Benefit (CIB).

    The federal regulation states:

    Child’s monthly benefit is equal to one-half of the insured person's primary insurance amount if s/he is alive and three-fourths of the primary insurance amount if s/he has died. See 42 U.S.C. § 402(d)(2) and 20 C.F.R. § 404.353(a).

    CIB is one of eight SSA benefits!

    The Social Security Act clearly provides a list of its benefits:

    (2) Benefit means an old-age insurance benefit, disability insurance benefit, wife's insurance benefit, husband's insurance benefit, child's insurance benefit, widow's insurance benefit, widower's insurance benefit, mother's insurance benefit, father's insurance benefit, parent's insurance benefit, or special payment at age 72 under title II of the Act.

    20 CFR § 404.2(c)(2)
  • 04-18-2007 9:34 PM In reply to

    Angry [:@] re: What is CIB?

    Thanks for the information, I am confused about something though. I just got a huge blow, after being told by the SS Benefits Manager when applying, and my ex being told by his that my son would receive between $700 and $800/mth, the SS Office is now telling me that my son will be receiving $449/mth. His father is getting $1,810/mth, and he never got Workmans Comp. I thought the child was entitled to half of the parents amount? I would think it would be at least close to half. That means we will be getting MUCH less than we were led to believe monthly and for back pay. I guess I will now have to go after his father for some back child support and monthly support. I just don't understand any of this.

    Kathy
  • 04-19-2007 10:32 AM In reply to

    re: What is CIB?

    One child under 18 year old = 50% of disabled parent's benefit

    Two children under 18 year old= 25% each

    Three children = 17% each

    So on.

    In your case, your ex has two children.
  • 04-19-2007 7:20 PM In reply to

    re: What is CIB?

    >>I will now have to go after his father for some back child support and monthly support<<

    No on "monthly support". Read http://community.lawyers.com/messageboards/message.asp?channelId=&subId=&mId=921071&mbId=34&threadId=2521

    Suppose if the lump amount pays off the arrearage, there may be no child support payment other than receiving CIB unless the amount of CIB is less than the state guidelines' calculation. If less, you may get a very little payment for child support.
  • 04-19-2007 9:33 PM In reply to

    More [=+=] Re: What is CIB?

    The past due child support my ex owes me is WAY more than SSID would EVER give me for back pay. I was just going to be content with the amount we were counting on by what we had been told by several SS employees, and based on pretty much everything I have read. Even if we got the amount we were counting on, it would only be half of what my ex legally owes to me. He got $74,000 in back pay, and will be getting $1,800/mth, I was told that my son would be getting $449/mth, and when you calculate that back to Jan '03, it only comes out to be approximately $23,000, get my drift or did I confuse you as much as I am? lol I haven't received a dime of child support since Jan '01.


    Thanks,

    Kathy in AZ
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