My ex-husband has been trying to get his diability since September 2007. He and I do not communicate because he threatened my life one time to many and I have a restraining order. I have heard through family members that he now has a court date for July 2009 because he has been turned down twice on his diability. My question is when he is approved, will my daughter also receive back payment as she is eligible for benefits under him.

If and when he is approved (he must be examined by a doctor from
SSA) the doctor should determine the date he was initially disabled from the interview and supportive documentation required. You will also need to go down to the nearest SSA office and fill out paperwork. SSA will then work with the office of child support in your state, who will adjust the amount and send a check to you. The state has the responsibility to work with SSA and request any adjustments to the amount you receive... increases or decreases based on income changes etc. The lump sum amt SSD check you receive could be substantial based on when and if he was declared disabled, so plan wisely. I would suggest a trust fund for a certain percentage of it. That is only a suggestion. Good luck,
Mark