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Survivor Benefits, etc.

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bellasmom

Member
What is the name of your state? Pennsylvania
This is a little complicated...
My daughter's father who I never married has cancer. He has applied for social security disability benefits. I know this because I get copies of correspondence to SS from Domestic Relations. I believe that if he receives SS, it will be attached to pay arrears.

Will he be required to continue making child support payments if he is eligible to receive disability benefits, or will he only have to pay arrears? Will my daughter be eligible to receive SS benefits because of his disabled status, or does her eligibility hinge also on my financial situation?

I don't understand the eligibility requirements for disability. Is it correct that he must have worked 5 years of the past 10 if he is over 30?

I know it's a lot of questions. I looked at the SS website, and didn't really find a whole lot of answers. My daughter and I do not have a relationship with him. I have heard from some of his family members that he is not undergoing treatment for the cancer by his choice. Because of this info, I assume that his health will continue to decline and he will eventually die. If he does die, will my daughter be eligible for survivor benefits?

I was interested in trying to have his parental rights terminated because he completely ignores his daughter, and provides her with no financial or emotional support. A family member suggested that maybe I shouldn't, since that would exclude my daughter from any SS survivor or disability benefits, which brings me here...

Thank you for your help!
 


rmet4nzkx

Senior Member
Contact social security, I take it you don't have his SSN, but do you at least have his birthday? Let them know you are the child's mother, do you have DNA proof of paternity? Take what information you have and see, otherwise he will get the funds when you in fact should be rep payee. When he begins to receive SSDI, there may be a retroactive payment for him and the child, your child is entitled to the back and future payments, some of which may offset the arrears, however, the his child support obligation will be met with the SSDI and survivors payments. Unless he has some sort of an estate or insurance, it is possible that the arrears will never be paid. Contact the court and see if you can subponea the health information on behalf of your child at least insofar as the type of cancer. I suggest you consult an attorney re these issues and your options.
 

bellasmom

Member
Pennsylvania
I have his social security number and birthday. I don't have DNA proof of paternity, however he is on her birth certificate. He also signed a confirmation of paternity when I went through domestic relations for child support.
He has not worked consistently. How will his work history affect any SS payments due to my daughter, survivor or disability?

Domestic Relations has been corresponding with SS about this, and from the letters I've received, he hasn't been approved for any benefits yet. Should I still get in contact with SS? The letters that DR sends are copied to me, and say that any lump sum payments are to be paid towards his child support arrears, and completely bypass him.
 
Last edited:

rmet4nzkx

Senior Member
bellasmom said:
Pennsylvania
I have his social security number and birthday. I don't have DNA proof of paternity, however he is on her birth certificate. He also signed a confirmation of paternity when I went through domestic relations for child support.
He has not worked consistently. How will his work history affect any SS payments due to my daughter, survivor or disability?

Domestic Relations has been corresponding with SS about this, and from the letters I've received, he hasn't been approved for any benefits yet. Should I still get in contact with SS? The letters that DR sends are copied to me, and say that any lump sum payments are to be paid towards his child support arrears, and completely bypass him.
Since DR already has a case established against him, the current paternity issues should also satisfy SSA but contact them to be sure, applicaitons for SSDI take months/years. A person generally qualifies for SSDI if they are not expected to live 1 year, there may be some delay if he has a less definate prognosis.
 

bellasmom

Member
Nothing has changed....

I received a copy of a letter sent to the ex by D.R.. Its says he has 20 days to contact them with information regarding his SSDI claim. Should it really be taking this long? It's probably about 10 months since he first applied for SSDI. If he is denied, can he continually appeal or reapply?
 
F

fireboat1

Guest
The part about yrs.of credits is true.He must have earned a total of 40 credits ,20 of which had to have been earned in the last 10 yrs.to become eligible to APPLY for benefits.If he doesnt have the required credits,sSS wont even finish the application phase. Credits are earned up to 4 a year.This year for example,every 910 dollars earned gives you one credit.That number changes each yr. Last yr. it was every 900 dollars.i could be off on the exact amout but its minimal.So if the man worked sporatically over the past 10 yrs,it is possible that he made enough credits,maybe 2 or three for a couple yrs. But as lonk as his total is 40 and 20 were earned in last 10 yrs. he is eligible. Your daughter would be eligible for about %50 of what he gets. As for the child support,he could ask for modification if his daughter gets SS as well.Often they will offset the chilsd su[pport by the amt. perhaps remove his obligation totally since the SS provides enough support.He must look to have it modified, its not automatic.
 

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