SSDI Application suspended?

[RiverSong42]

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

My ex has asked me to not file a violation of non-payment of child support while he waits for his SSDI application to be processed. He faces 30 days of jail time if he misses two payments. He claims that if he is sent to jail between now and the time his application is approved, his SSDI application will be dropped, and he will have to re-apply. This doesn't sound right to me.

 

[BL]

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

My ex has asked me to not file a violation of non-payment of child support while he waits for his SSDI application to be processed. He faces 30 days of jail time if he misses two payments. He claims that if he is sent to jail between now and the time his application is approved, his SSDI application will be dropped, and he will have to re-apply. This doesn't sound right to me.

SSI benefits:

If you get a monthly SSI check and you are in jail, your SSI check will stop after you are in jail for a full calendar month.

For example, if you were in jail on March 21, 2001 and you stay there to serve a three-month sentence, your check will stop beginning with April 2001.

Contact your local Social Security office and bring your proof of release from jail to restart your monthly benefits.

Retirement, Survivors or Disability benefits:

If you get retirement, survivors or disability benefits and you are in jail and convicted of a crime, your monthly benefits will stop after you remain in jail for more than 30 continuous days following your conviction date. If you are in jail awaiting trial, you will continue to get your check until you are convicted

I would say it would depend if he had any SSA hearings or had to file an appeal while incarcerated and missed a deadline , he could possibly be denied .

Does he have an SSI Attorney?

Additionally not all 30 days sentences result in a full 30 days incarceration ,they take off good time if the inmate minds his/her P's & Q's.

 

[RiverSong42]

I understand that he cannot receive benefit while in jail. But he has not been approved yet, his application is still being processed, awaiting approval. He claims that the *application will be dismissed* if he goes to jail. Which doesn't seem right to me, but I can't find any information relevant to that on the SSDI website.

 

[BL]

I understand that he cannot receive benefit while in jail. But he has not been approved yet, his application is still being processed, awaiting approval. He claims that the *application will be dismissed* if he goes to jail. Which doesn't seem right to me, but I can't find any information relevant to that on the SSDI website.

There would be no NEED to report that he has been incarcerated if he is not going to serve over 30 days .

It seems like this question with the same details was previously covered on this forum .

On the other hand IF he is approved for SSDI ( not SSI ) him and the child(ren) would receive retroactive benefits , the child(ren)'s being dependent benefits = Child support and his incarceration would have been for nothing .

On the other hand approval can mean a long process , and unless his impairment(s) are severe ,he may be denied and have to go through lengthy appeals and still be denied.

How would you expect him to pay if he's not working , plus the court may take into account he has applied for SSA benifits.

Additionally , if he were to be approved for SSI only , he would only be ordered to pay $50.00 per mopnth ,plus arrears ,and the court would probably tack on payments with the $50.00.

 

[RiverSong42]

There would be no NEED to report that he has been incarcerated if he is not going to serve over 30 days .

It seems like this question with the same details was previously covered on this forum .

I didn't see it, do you have a link?

How would you expect him to pay if he's not working , plus the court may take into account he has applied for SSA benifits.

I would expect him to pay because he agreed in court to pay. My lawyer offered the 30 day suspended sentence as a compromise. He agreed to it. The judge was prepared to send him to a confirmation hearing and have him put in jail right away. Frankly, the judge has lost patience with him. My ex claimed to be in the process of applying for SSDI in August, and by November, told the judge he hadn't started. The judge, my lawyer and his lawyer all considered that he is applying for SSDI, but have also factored in that he could have applied MONTHS ago, and chose not to.

My question still stands, however. His application has not been approved yet. He claims ANY JAIL TIME will result in the immediate dismissal of his (still as of yet) unapproved application.

He is asking me to wait 4-5 months for his application to be approved (assuming it *IS* approved) before filing a non-payment violation. I violation I have a right (a responsibility?) to file on January 9th, 2012.

 

[BL]

I didn't see it, do you have a link?




I would expect him to pay because he agreed in court to pay. My lawyer offered the 30 day suspended sentence as a compromise. He agreed to it. The judge was prepared to send him to a confirmation hearing and have him put in jail right away. Frankly, the judge has lost patience with him. My ex claimed to be in the process of applying for SSDI in August, and by November, told the judge he hadn't started. The judge, my lawyer and his lawyer all considered that he is applying for SSDI, but have also factored in that he could have applied MONTHS ago, and chose not to.

My question still stands, however. His application has not been approved yet. He claims ANY JAIL TIME will result in the immediate dismissal of his (still as of yet) unapproved application.

He is asking me to wait 4-5 months for his application to be approved (assuming it *IS* approved) before filing a non-payment violation. I violation I have a right (a responsibility?) to file on January 9th, 2012.

No , I don't have a link .

Do you have right to file a violation , sure .

Do you have a responsibility ?

Generally no , if payments are made directly to you .

Your choice .

 

[RiverSong42]

Payments are to be made to New York State Support Collection Unit.

 

[BL]

Payments are to be made to New York State Support Collection Unit.

Then why aren't they handleing it ALL ?

 

[RiverSong42]

Then why aren't they handleing it ALL ?

Excellent question.

They will dock his paychecks or SSDI checks, and seize any tax refund he gets. But (as I understand it, per my lawyer) it's my responsibility to notify the court of non-payments and file petitions.

 

[Onderzoek]

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

My ex has asked me to not file a violation of non-payment of child support while he waits for his SSDI application to be processed. He faces 30 days of jail time if he misses two payments. He claims that if he is sent to jail between now and the time his application is approved, his SSDI application will be dropped, and he will have to re-apply. This doesn't sound right to me.

His claim would not be denied just because he went to jail. Although, it is difficult to follow through and impossible to attend a hearing or consultative medical exam while incarcerated, so his claim could be denied for lack of evidence or failure to cooperate.

Also it is not automatic that children get benefits on an SSDI claim. Depends on the family maximum computation. For younger, barely insured workers, family maximum can equal the amount paid to the worker so there is zero for the children.

What are you getting in exchange for agreeing to this?

 

[RiverSong42]

I'm getting nothing, actually. I thought he might be bluffing about this, so I thought I would check.