NCP Collecting SSI on behalf of our younger child

[Isis1]

California

okay....so i found out today that the NCP has been collecting SSI on our younger child. which now makes sense why he wants to have him labeled as "disabled". how long he has been doing this, i have no idea. i will end up finding out tomorrow hopefully once SSA office opens up. but for sure he should not have been receiving since i gained custody of the younger one on August 1, 2007. he has been seen as a therapist and is no longer considered "disabled". he was once considered to be PDD. with behavior modification and my one-on-one training with his therapist, he overcame his obstacles since i have regained custody. he has been released from his programs with the school district.

Is this considered fraud? and since he never inputed this income on ANY of his filed Income and Expense forms with the courts do i bring this attention to the courts? and will the SSA go after him for their money back? As he is not disabled, I am not looking to collect on any of these funds for myself. I just need my son's name cleared from any legal actions that may occur.

Second question. Last custody hearing as of Dec 19, 2007, he had the visitation times changed. He is now to pick up both children directly from school and drop them off the next school morining at school every Wednesday. EOW he is to pick up both children after school on Fridays and drop them off Monday morning at school. Last i checked and when i was NCP last year, both children got off at school at different times. I picked them up separately at their individual times. One child school ends at 11:40am while the other ends at 2:00pm on his Wednesday pick up days. Today was his first day on the new schedule. He never picked up the younger one. My husband had to go pick him up 45 minutes later when the school notified him. My husband then got worried the older one wouldn't get picked up either. So he called the school to see if he was picked up. They couldn't confirm. So at 2:40pm my husband drove by the school to see if he had picked up the older one (he also had the younger one with him) the NCP had just arrived at the school. I also have a call on the phone log NCP called at 2:40pm to find out where was the younger one.

NCP is fully aware of the times the children start and finish school as he included my letter informing him in his amended declaration which was filed with the court in Nov. HOw long do i let this go on before i request a more suitable schedule from the courts? The next hearing isn't until June. Aside from getting statements from school officials, teachers, and my husband should i include anything else?

In case you are wondering, I was at an appointment since i (dumbly) relied on the NCP to actually follow the new visitation order that HE requested.

Any input would be greatly appreciated.

 

[Bloopy]

Congratulations on helping your son move “out of the spectrum.”

I’m confused about your first question. Your son WAS labeled PDD, so at the time he was eligible for SSI benefits. Did Dad have custody of him at the time he applied for benefits? There seems to be some sketchiness on Dad’s part put the degree to which is in question. I agree you need to update SSA about his diagnosis and end the benefits or it could get all of you in trouble later. If you owe dad any CS, the benefits he was collecting should be factored against your arrears.

As for your second question, it was stupid to forget to pick up the child. But it happens every day at every school; Dad has not set up a pattern yet. The back up plan worked well, the school made calls and were able to reach your husband. The schedule is new for both of you. I honestly lose track of my “Days of the Week” despite a little song. I’d email him to clarify the schedule just in case but let this one go.

I think your Ex is a moron. He proved that in court already and you have custody. Focus on the wins, enjoy the kids and let Dad be a moron.

 

[BL]

I would let SSA know of the changes .

You don't have to go into a big spill about anything except the changes .

Just state you were unaware the child was eligible and receiving benefits until now .

Let SSA determine the eligibility status , based on the changes .

You are not in a position to say otherwise .

SSA can obtain the records from the therapist ,school,etc. , then decide .

Your only duty is to report changes .

http://www.socialsecurity.gov/ssi/text-report-ussi.htm

I agree with the pickups drop offs , It would have to be a pattern .

Keep tract ( records ) .

 

[TinkerBelleLuvr]

make sure that you take your custody papers with you so that if they determine that he should be receiving benefits, YOU get them instead of the X.

This may be the reason behind your court dealings.

 

[Isis1]

Congratulations on helping your son move “out of the spectrum.”

I’m confused about your first question. Your son WAS labeled PDD, so at the time he was eligible for SSI benefits. Did Dad have custody of him at the time he applied for benefits? There seems to be some sketchiness on Dad’s part put the degree to which is in question. I agree you need to update SSA about his diagnosis and end the benefits or it could get all of you in trouble later. If you owe dad any CS, the benefits he was collecting should be factored against your arrears.

As for your second question, it was stupid to forget to pick up the child. But it happens every day at every school; Dad has not set up a pattern yet. The back up plan worked well, the school made calls and were able to reach your husband. The schedule is new for both of you. I honestly lose track of my “Days of the Week” despite a little song. I’d email him to clarify the schedule just in case but let this one go.

I think your Ex is a moron. He proved that in court already and you have custody. Focus on the wins, enjoy the kids and let Dad be a moron.

bloopy, when you say factored against my arrears.....can they make me pay back that money to SSI? he failed to notify CSS about the change of custody (despite the wording on the paperwork when he filed that he was responsible for doing so) and he did not notify SSI of the change of custody. this means he collected for 6 months without having custody. will I have to pay back whatever amount he was collecting for those 6 months???

 

[TinkerBelleLuvr]

bloopy, when you say factored against my arrears.....can they make me pay back that money to SSI? he failed to notify CSS about the change of custody (despite the wording on the paperwork when he filed that he was responsible for doing so) and he did not notify SSI of the change of custody. this means he collected for 6 months without having custody. will I have to pay back whatever amount he was collecting for those 6 months???

I believe that your X will be repaying the money HE collected fraudently. I think that Bloopy meant about if there were any arrears left from when your X was the CP and HE was also getting SSI.

 

[Isis1]

I would let SSA know of the changes .

You don't have to go into a big spill about anything except the changes .

Just state you were unaware the child was eligible and receiving benefits until now .

Let SSA determine the eligibility status , based on the changes .

You are not in a position to say otherwise .

SSA can obtain the records from the therapist ,school,etc. , then decide .

Your only duty is to report changes .

http://www.socialsecurity.gov/ssi/text-report-ussi.htm

I agree with the pickups drop offs , It would have to be a pattern .

Keep tract ( records ) .

blonde, you are an angel! i read the site and roamed around on it. wow....i have my day cut out for me tomorrow! and i thought getting custody would simplify my life just a little bit. thank you so much for that link!

 

[LdiJ]

blonde, you are an angel! i read the site and roamed around on it. wow....i have my day cut out for me tomorrow! and i thought getting custody would simplify my life just a little bit. thank you so much for that link!

You need to report both the change in custody, and the change in your son's diagnosis. Dad did at least commit fraud when he himself didn't report the change in your son's diagnosis to the SSA. They may make him pay back some of the benefits if the SSA concurs that your son is no longer considered disabled. They won't make you pay them back, because you didn't receive them.

 

[casa]

California

okay....so i found out today that the NCP has been collecting SSI on our younger child. which now makes sense why he wants to have him labeled as "disabled". how long he has been doing this, i have no idea. i will end up finding out tomorrow hopefully once SSA office opens up. but for sure he should not have been receiving since i gained custody of the younger one on August 1, 2007. he has been seen as a therapist and is no longer considered "disabled". he was once considered to be PDD. with behavior modification and my one-on-one training with his therapist, he overcame his obstacles since i have regained custody. he has been released from his programs with the school district.

Is this considered fraud? and since he never inputed this income on ANY of his filed Income and Expense forms with the courts do i bring this attention to the courts? and will the SSA go after him for their money back? As he is not disabled, I am not looking to collect on any of these funds for myself. I just need my son's name cleared from any legal actions that may occur.

Second question. Last custody hearing as of Dec 19, 2007, he had the visitation times changed. He is now to pick up both children directly from school and drop them off the next school morining at school every Wednesday. EOW he is to pick up both children after school on Fridays and drop them off Monday morning at school. Last i checked and when i was NCP last year, both children got off at school at different times. I picked them up separately at their individual times. One child school ends at 11:40am while the other ends at 2:00pm on his Wednesday pick up days. Today was his first day on the new schedule. He never picked up the younger one. My husband had to go pick him up 45 minutes later when the school notified him. My husband then got worried the older one wouldn't get picked up either. So he called the school to see if he was picked up. They couldn't confirm. So at 2:40pm my husband drove by the school to see if he had picked up the older one (he also had the younger one with him) the NCP had just arrived at the school. I also have a call on the phone log NCP called at 2:40pm to find out where was the younger one.

NCP is fully aware of the times the children start and finish school as he included my letter informing him in his amended declaration which was filed with the court in Nov. HOw long do i let this go on before i request a more suitable schedule from the courts? The next hearing isn't until June. Aside from getting statements from school officials, teachers, and my husband should i include anything else?

In case you are wondering, I was at an appointment since i (dumbly) relied on the NCP to actually follow the new visitation order that HE requested.

Any input would be greatly appreciated.

I'm confused, PDD isn't just arbitrarily Diagnosed...either your son has it, or he doesn't. If he has a Behavior Mod. program- is he a 504 student? Does he have an EIP?

It's also not very easy to be determined 'disabled'...so I'd suggest you contact SSA and get together with them re; your Court Order (who is 'payee' for starters- it should be YOU if anyone).

I would certainly get a copy of call log & any confirmation you can get from school...if children aren't being picked up, obviously there may be an issue & the pick up days/times may need to be modified. Give it more time before filing though...If you can wait at least a few months, it will be better. After only 2 months, the courts may not find you've tried to accomidate for a 'reasonable' amount of time. (It does take some getting used to when schedules change, so allow room for some error).

 

[Isis1]

I'm confused, PDD isn't just arbitrarily Diagnosed...either your son has it, or he doesn't. If he has a Behavior Mod. program- is he a 504 student? Does he have an EIP?

It's also not very easy to be determined 'disabled'...so I'd suggest you contact SSA and get together with them re; your Court Order (who is 'payee' for starters- it should be YOU if anyone).

I would certainly get a copy of call log & any confirmation you can get from school...if children aren't being picked up, obviously there may be an issue & the pick up days/times may need to be modified. Give it more time before filing though...If you can wait at least a few months, it will be better. After only 2 months, the courts may not find you've tried to accomidate for a 'reasonable' amount of time. (It does take some getting used to when schedules change, so allow room for some error).

he had an IEP, but was released since he was found to be fully capable of learning at a regular kindergarten level. he was released from his program by his speech therapist, the school pyschologist and an educational evaluator. he was already recognized as NOT on the autism scale by his therapist as of earlier this year while in the then NCP custody. the NCP was notified of their findings and was using that info as reasons to gain custody. (which explains why now since he was collecting money on that "diagnosis". even the psychologist that diagnosed him (in 2005) felt the grandmother and father was over exaggerating symptoms.
he had a Behavior Modification program in which i was active in. but now he no longer qualifies for this program. (i have no idea what a 504 is)

I called SSA this morning and was told i need to come into the office with paperwork. more errands!!! i don't want to take funds from the state if it isn't needed. i hate taking government money when it isn't necessary. and this son has nothing that requires attention that would take away from working a full time schedule (if i was working) nor does he require extra medical attention. so BLAH! to the NCP.

as for having to keep tabs on the NCP for this new visitation schedule i seriously was looking forward to sleeping in on those extra days and NOT having to rush back from errands to pick up the kids.

i will write the NCP a reminder letter of his new visitation schedule and of the children's school schedules. (cc it to the court too) while mentioning a possibly more workable schedule for him if he cannot make his own requested schedule. i was more upset that the oldest was outside waiting in the cold for 40 minutes with no phone call from NCP that he was planning on running late.

thank you casa!

 

[casa]

he had an IEP, but was released since he was found to be fully capable of learning at a regular kindergarten level. he was released from his program by his speech therapist, the school pyschologist and an educational evaluator. he was already recognized as NOT on the autism scale by his therapist as of earlier this year while in the then NCP custody. the NCP was notified of their findings and was using that info as reasons to gain custody. (which explains why now since he was collecting money on that "diagnosis". even the psychologist that diagnosed him (in 2005) felt the grandmother and father was over exaggerating symptoms.
he had a Behavior Modification program in which i was active in. but now he no longer qualifies for this program. (i have no idea what a 504 is)

I called SSA this morning and was told i need to come into the office with paperwork. more errands!!! i don't want to take funds from the state if it isn't needed. i hate taking government money when it isn't necessary. and this son has nothing that requires attention that would take away from working a full time schedule (if i was working) nor does he require extra medical attention. so BLAH! to the NCP.

as for having to keep tabs on the NCP for this new visitation schedule i seriously was looking forward to sleeping in on those extra days and NOT having to rush back from errands to pick up the kids.

i will write the NCP a reminder letter of his new visitation schedule and of the children's school schedules. (cc it to the court too) while mentioning a possibly more workable schedule for him if he cannot make his own requested schedule. i was more upset that the oldest was outside waiting in the cold for 40 minutes with no phone call from NCP that he was planning on running late.

thank you casa!

OK, this is easily solved then. Go to the SSA appt. Bring all docs from school. Let them know you did not file for SSI, did not know the child was receiving SSI, etc. Also provide them with a copy of your Court Order. (Take them copies of everything please).

A 504 is what most 'disabled' students are Registered as...Yours never was, because Dad never told school he was receiving SSI. Dad's in hot water.

It sucks that parents sometimes have to make up the difference while our kids learn the life lesson that their parents are fallible. Right now, it's just a mistake re; the pick up. Wait to see if it becomes a pattern.

You're welcome

 

[Bloopy]

I believe that your X will be repaying the money HE collected fraudently. I think that Bloopy meant about if there were any arrears left from when your X was the CP and HE was also getting SSI.

Yep, that's what I meant.

He had an undisclosed source of income, fraudulent or not, and that effects what you would owe him.

If he filed fraudulently, the he owes SSA.

 

[Isis1]

update

So i did some digging around. Went to the SSA office last week. turns out the grandmother filed for disability on behalf of my son (she was listed as the payee). the bigger problem is that SSA has my son listed as ADHD. now, i wrote a letter to the NCP requesting the name and phone number of the doctor that diagnosed him as ADHD as this is news to me. He stated today over the phone, he had no knowledge of any diagnosis of ADHD. he understood our son to be autistic (which was a wrong assumption on his case since there was NOTHING in any doctor report to say he was autistic)

i don't have anything but a high school degree, but diagnosing my son to be ADHD is waaaaaaaay over the limit. a doctor might, just maybe convince me after several other opinions the slight chance he is ADD....but not ADHD. his teachers, his previous speech therapist, his previous behavorial therapist have all been in agreement with me that he was not autistic to begin with, nor have any complaints of attention problems in class.

technically, his grandmother has no legal rights and is a legal stranger. however, is it reasonable to request a restraining order on her to not permit her to be on any emergency contact lists or given any permission to provide any medical care on behalf of the two children we share as it is not in our children's best interest? i am so annoyed at having to chase down medical records and fighting with doctors offices regarding her not being legally capable of making any decisions for children that are not hers to begin with. she was not at any time giving any legal custody of either children. she applied for Medi-Cal under her name for them, signed school documents, lied about having legal custody thus preventing me from talking to teachers and medical personnel despite having a court order stating i had joint legal custody with the father.

 

[Bloopy]

So i did some digging around. Went to the SSA office last week. turns out the grandmother filed for disability on behalf of my son (she was listed as the payee). the bigger problem is that SSA has my son listed as ADHD. now, i wrote a letter to the NCP requesting the name and phone number of the doctor that diagnosed him as ADHD as this is news to me. He stated today over the phone, he had no knowledge of any diagnosis of ADHD. he understood our son to be autistic (which was a wrong assumption on his case since there was NOTHING in any doctor report to say he was autistic)

technically, his grandmother has no legal rights and is a legal stranger. however, is it reasonable to request a restraining order on her to not permit her to be on any emergency contact lists or given any permission to provide any medical care on behalf of the two children we share as it is not in our children's best interest? i am so annoyed at having to chase down medical records and fighting with doctors offices regarding her not being legally capable of making any decisions for children that are not hers to begin with. she was not at any time giving any legal custody of either children. she applied for Medi-Cal under her name for them, signed school documents, lied about having legal custody thus preventing me from talking to teachers and medical personnel despite having a court order stating i had joint legal custody with the father.

What the??? She should NEVER have been able to do these things. Absolutely file a restraining order.

What did SSA say they’d do about her?

Hasn’t the information you’ve just given SSA already shown he is not diagnosed as PDD or ADHD? For good measure, he is also not deaf, blind, lacking limbs, experiencing a high risk pregnancy…

Lots of people think PDD is synonymous with Autism. Your Ex was confused and ignorant, not completely making stuff up like Granny is apparently.

 

[Isis1]

What the??? She should NEVER have been able to do these things. Absolutely file a restraining order.

What did SSA say they’d do about her?

Hasn’t the information you’ve just given SSA already shown he is not diagnosed as PDD or ADHD? For good measure, he is also not deaf, blind, lacking limbs, experiencing a high risk pregnancy…

Lots of people think PDD is synonymous with Autism. Your Ex was confused and ignorant, not completely making stuff up like Granny is apparently.

SSA told me because she was a caretaker at one point (not legally) the now NCP gave her permission to do all these things. i would not have consented had i known all this was going on. how they kept this from me (when i was the NCP) while i had him mon-thursday and EOW is beyond me. so from what i understand, SSA won't touch her. SSA only suggests that i apply to receive disability benefits on his behalf. i showed her all the documents. i can't take money since he's not even disabled. so i'm lost now on how to get a termination letter for these benefits.

NCP is just lazy. he didn't want to deal with the younger child so he dumped him off on his mom. he refused to voluntarily give me custody as he wanted child support but (actually said in court) he didn't have the time to deal with the younger one. as soon as i heard the term autism i ran to the library, checked programs only to find out my son had none of these symptoms. then PDD was written on a doctor's report. i researched that. then my school district marked him off as not being a special needs child. now, i have to fight this ruling on ADHD. all so one person could collect money from the state. so i will definitely be asking a restraining order on medical issues and the grandmother's involvement.

would it be reasonable to request to not allow the NCP to leave the children in the grandmother's care or any person in her household (including her drug addicted husband (also admitted to in court) at any time without the NCP's presence for more than 1 hour? i'm not trying to reduce the NCP's visitation time, just the ability to leave the children in his mother's care since she refuses to relent?