How can my income affect my step-childs Social Security Disability $$

[alphaboing]

Hello All,

My step-son is 4years old, he was born with Meobius Syndrome, as a result we are told he's also got some form of Autism and A.D.D. or A.D.H.D. at some point in his life he will need to have a "smile surgery" where they will take some nerves from his leg and implant them into his cheek, because of the moebius syndrome the whole right side of his face, tongue, mouth etc is paralyzed.

I have been married to my wife for almost 3 years now, my step-son's father has a drug problem and basically wants nothing to do with a "disabled child". After living in homeless shelters in Northern California my wife and step-son moved back down to LA County to stay with her parents which is where her and I met, and I've been raising my step-son since shortly after he turned 1yr old.

My wife was receiving social security disability benefits for my step son, some of which she set aside to save for his "smile surgery" which was not going to be covered by MediCal because it wasn't life threatening and they more or less considered it a cosmetic procedure, then the rest of the $$ she received she spent as she needed to pay bills, buy food, clothing or what have you.

My step-sons father has paid very very little child support and currently he's somewhere in Northern California trying to hide from his responsibilities, we don't expect to see much if anything from him to help out with the child.

Social Security has now come back since my wife and I were married back in Sept. 09 they've cancelled the social security checks for my step-son and they're now trying to charge me over $13,000 saying that I'm responsible to pay back all the money that was given to my step-son. I don't make a lot of money, we barely make enough to get by, living in S.F. where the cost of living is the highest in the country we live paycheck to paycheck, I was recently laid-off for a short period of time almost 8mts ago and we ended up needing to spend most of the $$ we had set aside for smile surgery to pay rent and other bills just to keep our family above water.

I'm at a complete loss with this whole situation, I've done everything I can to try and be a good father figure for my step-son, take care of him the best I can without any support financial or otherwise from his biological father. My wife and I went and got married a few years back and we are trying to do everything right for our family. I don't know how to proceed with the Social Security Dept. We cannot afford to hire an attorney, let alone pay $13,000. My step-son is about to lose his disability insurance which is all we've got for him medically to cover his regular Dr. treatments, operations, his glasses and other procedures.

At this point after getting married and trying to do the right thing for my family, Uncle Sam has put me into a position where we've got no chance of buying a house or securing any kind of a future for our family. It gets my blood boiling to see all these people taking advantage of the benefits given to them from Social Security or other government offices and then to be in this position where I am sit now. We never abused the assistance we've received, never spent $$ on a new TV or anything like that, my wife was so completely determined to do everything she could to make sure her son got every chance he could have to live a normal life without worrying about kids picking on him because he looks different. Every penny that we got from Social Security was used exactly as I would want someone to spend $$ being given out from my tax dollars.

I can honestly say the only solution I can come up with is to go and legally get a divorce from my wife, that seems like the only choice we have to be able to get the help that we need and to get our child the benefits he has got to have. Is this really the only choice we've got?? My wife has a really hard time even discussing this with me at this point, our marriage obviously means a lot to her and just the idea of getting a divorce "on paper" is something that she has a really tough time even considering.

We need HELP!

Thanks for Reading.

 

[Isis1]

now, were you reporting your income to the SSA office the entire duration of your marriage?

if not, then the person to blame is your wife. sounds like she may have dropped the ball.

there is the option of requesting a waiver. which may or may not be approved.

now...is all the $13k from monthly payments...or is that an overcharge or partial of the lump sum payment?

 

[Silverplum]

Household income is part of the calculation. When you and Mom married, your income must've put your household over the limit.

http://www.ssa.gov/pubs/11011.html#part3

 

[TheGeekess]

Hello All,

My step-son is 4years old, he was born with Meobius Syndrome, as a result we are told he's also got some form of Autism and A.D.D. or A.D.H.D. at some point in his life he will need to have a "smile surgery" where they will take some nerves from his leg and implant them into his cheek, because of the moebius syndrome the whole right side of his face, tongue, mouth etc is paralyzed.

I have been married to my wife for almost 3 years now, my step-son's father has a drug problem and basically wants nothing to do with a "disabled child". After living in homeless shelters in Northern California my wife and step-son moved back down to LA County to stay with her parents which is where her and I met, and I've been raising my step-son since shortly after he turned 1yr old.

My wife was receiving social security disability benefits for my step son, some of which she set aside to save for his "smile surgery" which was not going to be covered by MediCal because it wasn't life threatening and they more or less considered it a cosmetic procedure, then the rest of the $$ she received she spent as she needed to pay bills, buy food, clothing or what have you.

My step-sons father has paid very very little child support and currently he's somewhere in Northern California trying to hide from his responsibilities, we don't expect to see much if anything from him to help out with the child.

Social Security has now come back since my wife and I were married back in Sept. 09 they've cancelled the social security checks for my step-son and they're now trying to charge me over $13,000 saying that I'm responsible to pay back all the money that was given to my step-son. I don't make a lot of money, we barely make enough to get by, living in S.F. where the cost of living is the highest in the country we live paycheck to paycheck, I was recently laid-off for a short period of time almost 8mts ago and we ended up needing to spend most of the $$ we had set aside for smile surgery to pay rent and other bills just to keep our family above water.

I'm at a complete loss with this whole situation, I've done everything I can to try and be a good father figure for my step-son, take care of him the best I can without any support financial or otherwise from his biological father. My wife and I went and got married a few years back and we are trying to do everything right for our family. I don't know how to proceed with the Social Security Dept. We cannot afford to hire an attorney, let alone pay $13,000. My step-son is about to lose his disability insurance which is all we've got for him medically to cover his regular Dr. treatments, operations, his glasses and other procedures.

At this point after getting married and trying to do the right thing for my family, Uncle Sam has put me into a position where we've got no chance of buying a house or securing any kind of a future for our family. It gets my blood boiling to see all these people taking advantage of the benefits given to them from Social Security or other government offices and then to be in this position where I am sit now. We never abused the assistance we've received, never spent $$ on a new TV or anything like that, my wife was so completely determined to do everything she could to make sure her son got every chance he could have to live a normal life without worrying about kids picking on him because he looks different. Every penny that we got from Social Security was used exactly as I would want someone to spend $$ being given out from my tax dollars.

I can honestly say the only solution I can come up with is to go and legally get a divorce from my wife, that seems like the only choice we have to be able to get the help that we need and to get our child the benefits he has got to have. Is this really the only choice we've got?? My wife has a really hard time even discussing this with me at this point, our marriage obviously means a lot to her and just the idea of getting a divorce "on paper" is something that she has a really tough time even considering.

We need HELP!

Thanks for Reading.

Yes you did. SSI is NEEDS based, based on income. The Feds don't think that you NEEDED the help once they got the financials. If they don't approve the waiver, they WILL garnish your paycheck and/or Federal income tax refunds.

If there is a change in your income or the income of family members

If you have income other than your SSI, you must tell us about it. And you should tell us if the amount of your other income increases, decreases, or if the income stops. Usually, changes in your income in a month will affect your SSI payment two months later.

You also should tell us about changes in the income of other family members living with you. For example:

If you are married, tell us about any change in your spouse's income, including any change in the amount of his or her Social Security benefits. (If you also get Social Security benefits, you do not need to tell us when you get a Social Security benefit increase.)
If you have a child younger than 18 who gets SSI and lives with you, tell us about any change in:
The child’s income;
Your income;
Your spouse's income; and
Income of any child in your home who is not getting SSI.
Also tell us if:
A child in your home who is not getting SSI gets married; or
A child who is working or who is age 18 to 22 starts or stops attending school full time.

http://www.socialsecurity.gov/pubs/11011.html#a0=2&part3=

 

[alphaboing]

That's exactly right, the $13,000 is to payback all the payments made to him from the time we got married. The cancellation of the benefits was because he was receiving benefits from SSI in LA county which is where it was originally setup at, we weren't told my income had anything to do with his benefits only hers so when we got married she moved up to SF with me and when we transferred the paperwork to the SF SSI and then went to remove her from MediCal, shortly after that we got a letter and a bill.

It makes sense to me that she wouldn't quality for any benefits if she's married to me, but for me to find out that he's not qualifies by sending me a $13000 bill puts me in an impossible position.

At this point is my only option to get a divorce? We never had any intention of taking advantage or anything like that, obviously knowing what I know now things would have been done differently but moving forward do I have any options? Bankruptcy or Divorce?? Is that REALLY all I can do at this point, it just doesn't seem right.

 

[Zigner]

That's exactly right, the $13,000 is to payback all the payments made to him from the time we got married. The cancellation of the benefits was because he was receiving benefits from SSI in LA county which is where it was originally setup at, we weren't told my income had anything to do with his benefits only hers so when we got married she moved up to SF with me and when we transferred the paperwork to the SF SSI and then went to remove her from MediCal, shortly after that we got a letter and a bill.

It makes sense to me that she wouldn't quality for any benefits if she's married to me, but for me to find out that he's not qualifies by sending me a $13000 bill puts me in an impossible position.

At this point is my only option to get a divorce? We never had any intention of taking advantage or anything like that, obviously knowing what I know now things would have been done differently but moving forward do I have any options? Bankruptcy or Divorce?? Is that REALLY all I can do at this point, it just doesn't seem right.

All of the information was there for you. Sometimes you have to seek out your answers and not simply sit back and wait for someone to give them to you.

 

[Isis1]

That's exactly right, the $13,000 is to payback all the payments made to him from the time we got married. The cancellation of the benefits was because he was receiving benefits from SSI in LA county which is where it was originally setup at, we weren't told my income had anything to do with his benefits only hers so when we got married she moved up to SF with me and when we transferred the paperwork to the SF SSI and then went to remove her from MediCal, shortly after that we got a letter and a bill.

It makes sense to me that she wouldn't quality for any benefits if she's married to me, but for me to find out that he's not qualifies by sending me a $13000 bill puts me in an impossible position.

At this point is my only option to get a divorce? We never had any intention of taking advantage or anything like that, obviously knowing what I know now things would have been done differently but moving forward do I have any options? Bankruptcy or Divorce?? Is that REALLY all I can do at this point, it just doesn't seem right.

bankruptcy won't help you. and i'd never suggest fraud (a paper divorce) as a part of this. you'd still be living together.

if the waiver isn't approved, maybe a partial waiver. payment plans. they can work with you. it may take awhile, but it can be done.

 

[TheGeekess]

That's exactly right, the $13,000 is to payback all the payments made to him from the time we got married. The cancellation of the benefits was because he was receiving benefits from SSI in LA county which is where it was originally setup at, we weren't told my income had anything to do with his benefits only hers so when we got married she moved up to SF with me and when we transferred the paperwork to the SF SSI and then went to remove her from MediCal, shortly after that we got a letter and a bill.

It makes sense to me that she wouldn't quality for any benefits if she's married to me, but for me to find out that he's not qualifies by sending me a $13000 bill puts me in an impossible position.

At this point is my only option to get a divorce? We never had any intention of taking advantage or anything like that, obviously knowing what I know now things would have been done differently but moving forward do I have any options? Bankruptcy or Divorce?? Is that REALLY all I can do at this point, it just doesn't seem right.

What happened to 'for better or worse, richer or poorer?' Why do you think either of these is a viable solution? And I don't think bankruptcy will wipe out the debt to the Feds. They will get their money, one way or another.

 

[Isis1]

What happened to 'for better or worse, richer or poorer?' Why do you think either of these is a viable solution? And I don't think bankruptcy will wipe out the debt to the Feds. They will get their money, one way or another.

i'm still looking it up, but i'm almost positive this could be a joint debt even with a divorce. they could go after him divorce or not if he tried to evade this.

 

[Proserpina]

SSA is also far more interested in being repaid than pursuing criminal charges; they're generally willing to work with people as long as those folk actually stick to the repayment terms.

Incidentally, though it won't get rid of THIS debt, if OP and Mrs OP have a large debt burden besides this then bankruptcy might be a sensible option. It would (generally) free up funds so they can deal with the SS matter.

 

[commentator]

SSA is also far more interested in being repaid than pursuing criminal charges; they're generally willing to work with people as long as those folk actually stick to the repayment terms.

Incidentally, though it won't get rid of THIS debt, if OP and Mrs OP have a large debt burden besides this then bankruptcy might be a sensible option. It would (generally) free up funds so they can deal with the SS matter.

Agree. Since SSI is an income based program they will understand that your wife had to be low income in the first place to qualify. They don't reasonably expect you to write them a check for the repayment on the spot after the first letter. My advice would be to get with them, explain yourself as best you can, and work with them any way you can. They may be able to give you a waiver. They may agree to trade this out by getting you income tax refunds from you, and working with you on a very reasonable payment plan. But getting divorced wouldn't help, getting an attorney won't help, and above all, fighting and squalling at them about how very innocent and blameless you are when there are so many undeserving tax gobbling creeps getting our federal tax dollars isn't going to help you or make the system more kindly disposed toward you. Believe me, they've heard it all before, usually the louder someone squalls, the guiltier they were of intent to deceive.

 

[Onderzoek]

Hello All,

My step-son is 4years old, he was born with Meobius Syndrome, as a result we are told he's also got some form of Autism and A.D.D. or A.D.H.D. at some point in his life he will need to have a "smile surgery" where they will take some nerves from his leg and implant them into his cheek, because of the moebius syndrome the whole right side of his face, tongue, mouth etc is paralyzed.

I have been married to my wife for almost 3 years now, my step-son's father has a drug problem and basically wants nothing to do with a "disabled child". After living in homeless shelters in Northern California my wife and step-son moved back down to LA County to stay with her parents which is where her and I met, and I've been raising my step-son since shortly after he turned 1yr old.

My wife was receiving social security disability benefits for my step son, some of which she set aside to save for his "smile surgery" which was not going to be covered by MediCal because it wasn't life threatening and they more or less considered it a cosmetic procedure, then the rest of the $$ she received she spent as she needed to pay bills, buy food, clothing or what have you.

My step-sons father has paid very very little child support and currently he's somewhere in Northern California trying to hide from his responsibilities, we don't expect to see much if anything from him to help out with the child.

Social Security has now come back since my wife and I were married back in Sept. 09 they've cancelled the social security checks for my step-son and they're now trying to charge me over $13,000 saying that I'm responsible to pay back all the money that was given to my step-son. I don't make a lot of money, we barely make enough to get by, living in S.F. where the cost of living is the highest in the country we live paycheck to paycheck, I was recently laid-off for a short period of time almost 8mts ago and we ended up needing to spend most of the $$ we had set aside for smile surgery to pay rent and other bills just to keep our family above water.

I'm at a complete loss with this whole situation, I've done everything I can to try and be a good father figure for my step-son, take care of him the best I can without any support financial or otherwise from his biological father. My wife and I went and got married a few years back and we are trying to do everything right for our family. I don't know how to proceed with the Social Security Dept. We cannot afford to hire an attorney, let alone pay $13,000. My step-son is about to lose his disability insurance which is all we've got for him medically to cover his regular Dr. treatments, operations, his glasses and other procedures.

At this point after getting married and trying to do the right thing for my family, Uncle Sam has put me into a position where we've got no chance of buying a house or securing any kind of a future for our family. It gets my blood boiling to see all these people taking advantage of the benefits given to them from Social Security or other government offices and then to be in this position where I am sit now. We never abused the assistance we've received, never spent $$ on a new TV or anything like that, my wife was so completely determined to do everything she could to make sure her son got every chance he could have to live a normal life without worrying about kids picking on him because he looks different. Every penny that we got from Social Security was used exactly as I would want someone to spend $$ being given out from my tax dollars.

I can honestly say the only solution I can come up with is to go and legally get a divorce from my wife, that seems like the only choice we have to be able to get the help that we need and to get our child the benefits he has got to have. Is this really the only choice we've got?? My wife has a really hard time even discussing this with me at this point, our marriage obviously means a lot to her and just the idea of getting a divorce "on paper" is something that she has a really tough time even considering.

We need HELP!

Thanks for Reading.

Divorce won't get rid of the overpayment. Also, the SSI program could still consider you and the mother to be 'holding out' as married if you live together and act like married people, so a divorce on paper may not change a thing.

Apparently your wife didn't read the application, the award letter, or any of the other letters or documents sent to her that told her that she had a responsiblity to report changes, including her marriage. You said she spent the SSI (which BTW, is NOT Social Security) on food, clothes, bills and what have you. Generally, babies have no 'bills' and no 'what have you', so it is possible that your wife considered at least some of the SSI money to be family money which is really not the point of SSI. Hard to say at this point. Did she even have income of her own before she married you?

Unfortunately for your step-son, there is no extra consideration, no additional money payable to people who choose to live in expensive cities. California actually pays more in SSI than any other state, but it doesn't change from county to county.

I am a bit confused why you state that this is a billed owed by you. I assume that the natural mother would have been the representative payee so the liability for the overpayment is hers or your step-son's.

You may have a valid appeal on the actual date of the beginning date of the overpayment. If there was fraud or similar fault, an SSI payment amount can be reopened more than 24 months from the date of detection of the incorrect payment. But since you were married in 9/09, there could be a restriction on reopening the period. If they discovered the marriage in March 2012, reopening may be restricted only back to April 2010, not September 2009. SSA is supposed to make a decision that there was fraud or other intent to withhold material information. Also, since you state that you were unemployed for a period of time (and according to you, living off the disabled child's saved SSI benefits {did this saved money exceed $2000?}), it is possible that the overpayment amount may not be based on the correct amount of parental income. Do you have any court ordered child support that you pay for your own absent children? That can be subtracted as well.

Why wouldn't the mother seek a court order for child support for this disabled child from his natural father? So what that he is a bum. If he is a bum with income, he can be forced to support his progeny.

One thing is for sure, SSA may stop dunning you for the overpayment, but it will not go away. It will lay dormant until there is some entitlement again (like when the child turns 18 and files as an adult) or when your wife turns age 62 and gets a retirement check, or, possibly, when a tax refund is attached.

Waiver of the overpayment can be requested by your wife, but she has to prove that she followed the reporting responsibilities given to her when she filed the claim. And, according to you, she didn't. But she won't have an answer to any of this without filing an appeal on the facts (and providing proof like pay stubs and bank statements) and/or a waiver request on recovery.

Not a simple solution. May not go in your step-son's favor. I do commend you for raising on a disabled child that is not your own, SSA cannot apply morality to the application of regulations. Due process applies to everyone.

Your step-son may be able to get Medicaid (Medi-Cal in California) through another program through your county welfare office. There are various versions of Medi-Cal. One program is called Healthy Families and since the step-son is disabled, there may be an exemption of some type that applies to him.