Need help for fiance-CS & SSDI

[dehkin]

What is the name of your state? PA

HI. I will try to keep this short and to the point. My fiance, currently incarcerated, but approved for SSDI, asked me to look up a few things for him.

The short story is: He has been paying CS for his two children from a previous marriage, but now the children recieve benefits from his social security. He is going to have a phone conference for a modification of support to make sure that the money that the ex is receiving counts as something toward the support. He is afraid that it isnt going to count for anything, and that Domestic Relations is going to take the full amount out of his check, when he starts receiving them. So the ex would be getting double what she should. Im worried this is going to happen and then we wont have enough money left to take care of our daughter together.

And since being incarcerated, his arrearages are going up and up. Its at about $5000 now, and I wanted to know if they can do anything to him if he doesnt pay that. He is trying to be approved for a Recommendation 75, so the arrearages go back to what they were before he was put in prison. If he is not approved, are they allowed to take his checks from SS until they are paid.

Sorry this is long and I ramble, but Thanks in advance for any and all advice!

 

[SweetSunflower]

What is the name of your state? PA

HI. I will try to keep this short and to the point. My fiance, currently incarcerated, but approved for SSDI, asked me to look up a few things for him.

<snip>

If he is not approved, are they allowed to take his checks from SS until they are paid.

Hopefully, someone with more experience on this subject will interject and correct anything that I have mistakenly added, but are you positive that he will continue to receve SSDI benefits while incarcerated?

The information below might be of help, providing I didn't completely misunderstand your question. If that's the case, be easy on me. Only a few days into spring break and the kids are already having their 'moments'
------------------------

'SSDI benefits are suspended following a conviction and confinement in jail for 30 days or longer. But SSDI benefits are not terminated, no matter how long the term.
However, Social Security must verify that the person is no longer in a correctional facility before payments can resume.

Specifically:

SSDI benefits are suspended if someone has been convicted and confined in jail longer than 30 days, whether or not it is a full calendar month.

SSDI benefits are suspended for any 30-day period during which an individual is confined in a jail or prison in connection with a verdict of not guilty by reason of insanity or guilty but insane, or a finding of incompetence to stand trial.

SSDI benefits that were already paid are recovered. For example, someone arrested on the fifth of the month who has already cashed that month’s check will have future checks reduced until the benefits paidfor that month are recovered.

Federal rules on payment of SSDI benefits to inmates were different for people incarcerated before April 1, 2000.

The above description applies to everyone incarcerated since that date. A worker’s dependents, such as a spouse or child,sometimes receive SSDI. These payments are not suspended or terminated when the worker is in jail; they continue even when the worker loses benefits.'

http://64.233.167.104/search?q=cache:misjXkjiGFEJ:consensusproject.org/downloads/AppendixC.pdf+incarcerated+but+approved+for+SSDI&hl=en&ct=clnk&cd=17&gl=us
------------------------

 

[dehkin]

Hopefully, someone with more experience on this subject will interject and correct anything that I have mistakenly added, but are you positive that he will continue to receve SSDI benefits while incarcerated?

The information below might be of help, providing I didn't completely misunderstand your question. If that's the case, be easy on me. Only a few days into spring break and the kids are already having their 'moments'
------------------------

'SSDI benefits are suspended following a conviction and confinement in jail for 30 days or longer. But SSDI benefits are not terminated, no matter how long the term.
However, Social Security must verify that the person is no longer in a correctional facility before payments can resume.

Specifically:

SSDI benefits are suspended if someone has been convicted and confined in jail longer than 30 days, whether or not it is a full calendar month.

SSDI benefits are suspended for any 30-day period during which an individual is confined in a jail or prison in connection with a verdict of not guilty by reason of insanity or guilty but insane, or a finding of incompetence to stand trial.

SSDI benefits that were already paid are recovered. For example, someone arrested on the fifth of the month who has already cashed that month’s check will have future checks reduced until the benefits paidfor that month are recovered.

Federal rules on payment of SSDI benefits to inmates were different for people incarcerated before April 1, 2000.

The above description applies to everyone incarcerated since that date. A worker’s dependents, such as a spouse or child,sometimes receive SSDI. These payments are not suspended or terminated when the worker is in jail; they continue even when the worker loses benefits.'

http://64.233.167.104/search?q=cache:misjXkjiGFEJ:consensusproject.org/downloads/AppendixC.pdf+incarcerated+but+approved+for+SSDI&hl=en&ct=clnk&cd=17&gl=us
------------------------

Thank you for replying. He was approved for SSDI after he was incarcerated, so he has not received any payments for himself yet(he's not entitled to them until released). But his three children do get their money.
His questions were, since his two children with X receive $498 a month from the benefits, is Domestic Relations going to continue taking the monthly support payment of $541 on top of the benefits. I found a site that kind of gave me an answer on that question. The difference between the two is $43, so I think, if I read everything correctly, this is what his new monthly payment will be. But I'm sure thats up to the judge to decide. And another question I think I forgot before, about the arrearages: What percent of his SSDI, when he does start receiving it, can they take for the arrearages?