Approval Questions / Child Support / Backpay

[TabbedCat]

What is the name of your state (only U.S. law)? Indiana

I was Bench approved for disability on 2-8-13, It has taken 8yrs (long long story, been through 3 judges, 2 appeals councils, federal level), I was approved from back to 2004, They were running late that day and my lawyer had to leave after the case for another and didnt get to talk to me, and he will be out of area for 3 weeks, but said we will talk when he gets back. In the meantime Im just wanting to know a few questions till then that would help me out. Im know I junping the gun on but I would like to know what is going to happen and is going on so I can get things ready. I do know for child support I will need to file a modification. In the meantime while im waiting for the offical things to come to me and get things all set up. Im just wondering about these questions so maybe I can get ready for what I need to do?


1. Will my son get disability entitlements from the starting date (in this case 2004) and will it pay for arrears I owe?
2. If so does the disability entitlements from starting date of 2004 come off my regular back pay?
3. If not will my back pay be intercepted as they have done with taxes on years I was able to work?
4. Will my lawyer be paid automatically or will I be the one paying him?

Thank You

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana

I was Bench approved for disability on 2-8-13, It has taken 8yrs (long long story, been through 3 judges, 2 appeals councils, federal level), I was approved from back to 2004, They were running late that day and my lawyer had to leave after the case for another and didnt get to talk to me, and he will be out of area for 3 weeks, but said we will talk when he gets back. In the meantime Im just wanting to know a few questions till then that would help me out. Im know I junping the gun on but I would like to know what is going to happen and is going on so I can get things ready. I do know for child support I will need to file a modification. In the meantime while im waiting for the offical things to come to me and get things all set up. Im just wondering about these questions so maybe I can get ready for what I need to do?


1. Will my son get disability entitlements from the starting date (in this case 2004) and will it pay for arrears I owe?
2. If so does the disability entitlements from starting date of 2004 come off my regular back pay?
3. If not will my back pay be intercepted as they have done with taxes on years I was able to work?
4. Will my lawyer be paid automatically or will I be the one paying him?

Thank You

If you were approved for SSDI (rather than SSI) yes, your son will get backpay to 2004 (if you do) and you can ask the courts to apply that towards your arrears.
Again, you have to ask the courts to apply the monthly benefits towards the arrears you owe for child support, and ask the courts to consider the regular monthly benefits your son will receive as your child support.

If you handle it properly in court most of your backpay will not be seized for arrears, because the child's backpay should handle most of that.

My understanding is that your attorney fees will be taken from your backpay before you receive it.

 

[TabbedCat]

Thank You, yes I was approved for SSDI, that has been very helpful.

Its been hard for me as ive done all I couldve done, my reports from voc rehab (my local one) two different reps wrote how working with me was a challange due to my limitations and I made beyond efforts (with evidence) to find even part time work. Im just glad this is over and Ill be glad to support my son. Thank God his mom has been good with me on this as has been hard on them. I just want this to work, I know its not going to replace the past but its certainly going to get things going forward.