Child Support and Disability due to Multiple Sclerosis

[AJD112103]

State- New York

My husband was diagnosed with Multiple Sclerosis 4 months ago. Since then he has been overwhelmed with the symptoms many that have not abated with medication. He has been working on average 20 hours a week, when he used to work at least 40. We are meeting with disability in 2 weeks to file papers for disability. I have heard that it could take up to 18 months to receive an answer from SS.

In the meantime he hasn't requested to lower his child support because we had been hoping that his health wouldn't have deteriorated as quickly as it has. Since his diagnosis he became behind on his child support and we ended up having to use 1/2 the money we got for our wedding to pay off the arrears.

My question is to anyone who has had disability with Multiple Sclerosis or with a condition that is permanently and progressively disabling. I know IF he qualifies for disability he can get his payments taken out of the disability, but what do people do while they are waiting to know if they qualify? Can the court temporarily suspend or lower the payments? He may have to stop working completely with no income while we wait for a disability decision.

 

[LdiJ]

State- New York

My husband was diagnosed with Multiple Sclerosis 4 months ago. Since then he has been overwhelmed with the symptoms many that have not abated with medication. He has been working on average 20 hours a week, when he used to work at least 40. We are meeting with disability in 2 weeks to file papers for disability. I have heard that it could take up to 18 months to receive an answer from SS.

In the meantime he hasn't requested to lower his child support because we had been hoping that his health wouldn't have deteriorated as quickly as it has. Since his diagnosis he became behind on his child support and we ended up having to use 1/2 the money we got for our wedding to pay off the arrears.

My question is to anyone who has had disability with Multiple Sclerosis or with a condition that is permanently and progressively disabling. I know IF he qualifies for disability he can get his payments taken out of the disability, but what do people do while they are waiting to know if they qualify? Can the court temporarily suspend or lower the payments? He may have to stop working completely with no income while we wait for a disability decision.

If he qualifies for SSDI then there will be benefits available to the children that can replace child support. However, he would have to ask the judge to order that the children's benefits replace child support.

However, I have a collegue at work (who is in fact sitting at the desk next to mine) and he has rather advanced MS, and it doesn't stop him from working at all.

Maybe what your husband needs is to focus on a career change to something that is less physically taxing than what he is doing now. The SSA might expect him to do that as well.

 

[mistoffolees]

In addition to the other advice, does he have disability coverage at work? If so, that can usually start to pay much sooner than SS.

 

[AJD112103]

However, I have a collegue at work (who is in fact sitting at the desk next to mine) and he has rather advanced MS, and it doesn't stop him from working at all.

Maybe what your husband needs is to focus on a career change to something that is less physically taxing than what he is doing now. The SSA might expect him to do that as well.

As your co worker probably knows there are many symptoms that present with MS and no two people experience the same thing. I am happy that you know someone who is doing well. My husband has a difficult time even getting up in the morning because he suffers from severe MS fatigue. By the time he gets to work he has to take a nap in the car. He also has severe optic nerve damage that makes his eye lose focus for 30 seconds at a time at least 30 times a day. He is a contractor and works construction and this makes him doing the job he has done for the last 10 years almost impossible and unsafe. SS disability bases its decision on whether or not you can do the work that you have previously done, not on what work you can do. Again I appreciate your story but the purpose of this post was not for you to insinuate all people with MS should work...it was to ask if a court will lower child support if my husband can no longer get out of bed.

 

[AJD112103]

In addition to the other advice, does he have disability coverage at work? If so, that can usually start to pay much sooner than SS.

He is a contractor so no he does not have any disability insurance through work. Thank you though.

 

[ecmst12]

He can ask for a recalculation based on his current income, if it is much lower than what it was when the order was made. If he is approved for SSDI and/or SSI, I believe there are dependent benefits he can get for any minor children that could replace his payments without actually coming out of his income, but I don't know the specific rules for that. SSI can't be garnished for any reason but I believe SSDI can be garnished for child support.

If he had done so before he was diagnosed, he probably could have gotten private disability insurance since he is self-employed, but obviously that won't be an option now.

 

[AJD112103]

He can ask for a recalculation based on his current income, if it is much lower than what it was when the order was made. If he is approved for SSDI and/or SSI, I believe there are dependent benefits he can get for any minor children that could replace his payments without actually coming out of his income, but I don't know the specific rules for that. SSI can't be garnished for any reason but I believe SSDI can be garnished for child support.

If he had done so before he was diagnosed, he probably could have gotten private disability insurance since he is self-employed, but obviously that won't be an option now.

Thanks for the reply. Private insurance would have been a life saver at this point. Unfortunately we were unprepared. He is only 26 and has only been a contractor for the past 2 1/2 years. Its ironic because of the new laws in NYS he is now required to make 1/4 (i think) of his income from somewhere other than the main company he works for. We had talked about him getting his own insurance about a month before he was diagnosed. Poor timing. The amount of hours he can work a day before he is exhausted to the point of having to sleep is about 1/2 of what he could before. I guess it wouldn't hurt to ask for a reduction based on that fact.

Thanks for the information.

 

[ecmst12]

If he goes to court he should be prepared to prove he is not VOLUNTARILY under-employed.

 

[BL]

He needs to get a drs. statement he can not work full time .

If he can only work 20 hrs. per he needs to get the drs. statement to say that .

Next he needs to apply for SS Disability ( SSDI & SSI ) both.
He'll need a receipt of some sort from SSA that he applied .

He needs to then go to court and request a modification ASAP when he gets those two documents ( no lawyer should be needed ).

If he is approved for SS Disability ,he needs to again petition for modification.

He'll need to show what the children will receive from dependants benifits .

List of qualifying impairments .

http://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm[/U]]Listing of Impairments - Adult Listings (Part A)

 

[AJD112103]

BL-

Thank you for the information. I did not know the children could receive dependent benefits. This is very helpful!

 

[BL]

BL-

Thank you for the information. I did not know the children could receive dependent benefits. This is very helpful!

If he receives SSDI yes , the children will receive dependants benefits - From work history . ( often replaces CS obligations - unless there are other sources of income. IE: disability early retirement benefits ) .

If just SSI ,then not.

 

[Just Blue]

State- New York

My husband was diagnosed with Multiple Sclerosis 4 months ago. Since then he has been overwhelmed with the symptoms many that have not abated with medication. He has been working on average 20 hours a week, when he used to work at least 40. We are meeting with disability in 2 weeks to file papers for disability. I have heard that it could take up to 18 months to receive an answer from SS.

In the meantime he hasn't requested to lower his child support because we had been hoping that his health wouldn't have deteriorated as quickly as it has. Since his diagnosis he became behind on his child support and we ended up having to use 1/2 the money we got for our wedding to pay off the arrears.

My question is to anyone who has had disability with Multiple Sclerosis or with a condition that is permanently and progressively disabling. I know IF he qualifies for disability he can get his payments taken out of the disability, but what do people do while they are waiting to know if they qualify? Can the court temporarily suspend or lower the payments? He may have to stop working completely with no income while we wait for a disability decision.

Posting Hx folks.

 

[tuffbrk]

As your co worker probably knows there are many symptoms that present with MS and no two people experience the same thing. I am happy that you know someone who is doing well. My husband has a difficult time even getting up in the morning because he suffers from severe MS fatigue. By the time he gets to work he has to take a nap in the car. He also has severe optic nerve damage that makes his eye lose focus for 30 seconds at a time at least 30 times a day. He is a contractor and works construction and this makes him doing the job he has done for the last 10 years almost impossible and unsafe. SS disability bases its decision on whether or not you can do the work that you have previously done, not on what work you can do. Again I appreciate your story but the purpose of this post was not for you to insinuate all people with MS should work...it was to ask if a court will lower child support if my husband can no longer get out of bed.

Well aren't you the snippy one! Just an FYI -Quite often parties applying for SSDI receive temporary benefits and are put in training programs to learn to do less physically taxing work so that they can be self supporting.

And by the way, the link given is no longer valid. So Google to find your answers.

 

[Ohiogal]

FYI, this poster has called everyone here jerks as well as went on and on about how rude this board is. Yet she keeps returning and asking for help. Wonder why that is?

 

[Proserpina]

Post hx aside, just a word.

Many posters are really, really tired of this whole "my friend/relative/colleague/walker's cousin" bs.

MS can be RAPIDLY progressive, and can turn someone from fully functional to completely, utterly disabled within a few short months.

So please - can we stop the comparisons? It doesn't matter one flying ferret fart what your relative/friend experienced. Not with this one.

(Actually it rarely matters, but in this case it's even less relevant)

Thanks.

OP should read BL's posts.