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maxwell69 · Nov 26, 2010, 10:58 AM

My ex and I separated 3 years ago, I have a Protection From Abuse against him and there is a court order that he has no contact with our two children at this time due to anger issues on his part. I know he filed for SSDI due to health issues around the same time we separated, he has worked in the past as a police officer for ten years, truck driver, school bus driver etc.. He had been unemployed living in a welfare hotel up until a few days ago, when I was informed that he moved out, and that he may have started collecting SSDI. He currently pays NO support, it was never ordered due to him being on public assistance. Now that I have word that he may be collecting SSDI, I am wondering how I can find out if he actually IS... and if he listed the children as dependents as they should be entitled to benefits especially as he is not paying support. Does nayone know how I can find this out, or what I should do if I think he is collecting SSDI now? Thank you.

twinkiedooter · Nov 28, 2010, 09:34 AM

Go to your local Social Security Office with your ID, marriage license, copies of children's birth certificates, and your order of protection paperwork and speak to them. If he is signed up to receive SSD then you can have the kids signed up to receive their own monthly checks. Don't call them as you will only get very limited, if any, information out of them. Go in person. Worth the trip and the short wait to find out. Even if he has not yet received his SSD you can still sign the kids up for their own checks off his disability check.

maxwell69 · Nov 28, 2010, 02:37 PM

Thank you very much for the information. I will do that ASAP.

maxwell69 · Dec 7, 2010, 08:02 AM

Today I called my local SS office , I explained that I heard my ex may have been approved for benefits and asked about the children. The friendly woman asked me a few questions such as my exes birth date, his mothers maiden name and where he was born as well as his SS #. She then asked how many children and the ages... to my surprise she came back on the phone and said "good news, it looks like the children are entitled to $$$ each on his claim (she gave me the exact figure) ! Then I asked if they were entitled to back payments and she said again "more good news, it looks like the children are entitled to at least a year of back pay". She then took some info from me, and gave me an appointment at my local SS office, notified me that there will be a letter coming in the mail (under the children's names) listing things I will need to bring with me, along with my own ID. This may be a dumb question, I guess I'm asking because I am afraid to get my hopes up, but does this indeed mean that his SSDI claim WAS approved and he HAS been collecting for maybe a year now? I would like to think that if he was denied they they would simply just say..."I'm sorry, there is nothing available for the children" or, he applied but has not yet been approved... we will notify you when he has been?. Do you think he has been already based on the info and the appointment?

Synnen · Dec 7, 2010, 08:25 AM

Please do not ask multiple questions on the same subject. I have merged your threads.

maxwell69 · Dec 7, 2010, 05:34 PM

My apologies I am new to the site, I was actually trying to update what I had found out already thank you for merging them.

cdad · Dec 7, 2010, 06:21 PM

No, It doesn't mean that he was collecting it for a year already. The normal thing is to roll it back to the date of application. And sometimes it's a very long process.

maxwell69 · Dec 8, 2010, 05:30 AM

Thank you, I think my real question was if SS said the children were entitled to $$ and back benefits, does that mean he was approved? Im hoping for the children it does. This would start a nice college fund for them both.

twinkiedooter · Dec 10, 2010, 02:39 PM

Originally Posted by maxwell69

Thank you, I think my real question was if SS said the children were entitled to $$ and back benefits, does that mean he was approved? Im hoping for the children it does. This would start a nice college fund for them both.

Yes, it means he has been approved for benefits otherwise the SS folks would not have been able to give you an exact monthly amount for your kids.

Congragulations. Glad to hear the update on your question. I really appreciate that.

maxwell69 · Dec 11, 2010, 08:57 AM

Thank you. Yes I called SS again to check a few things and they said he has been collecting and got his back pay. They indicated kids getting at least a Yr back pay. Too bad I didn't know sooner, but it's a great christmas present regardless !

maxwell69 · Dec 23, 2010, 04:02 PM

I just wanted to update you, I am sure I am not doing it correctly so I apologize. I went to SS today for my appointment, the woman took my application information and told me how much monthly the children would receive and that the children would get back pay back to 05/2009. She also stated that there were attorneys involved on my ex's part and told me that if my ex had not paid the attorneys (6,000 max allowed by SS)or if he only paid a portion, that the remainder would come out of the children's back pay? If my ex (the claimant who is disabled) used an attorney and received back pay as well shouldn't he hold the burden of paying them? Why are the children penalized if he did not? They also told me that the payments and back pay should begin in 2-3 weeks. I signed up for the direct deposit card until I can open an account for the children. Unfortunately when we split up he drained the account and overdrew it so I have to pay half to the bank before they will release me of my portion and allow me to open a new account.

Shanti2012 · Jun 6, 2011, 05:18 PM

To Maxwell, your children are not penalized due to a person being disabled! No offense to you but geeze, and believe me I am a single parent that has received NO support at all for my children from my X, but surely you can realize that it is your X who is disabled not your children.. And if you go to here it explains that as well as that children do NOT always get money... In fact often they do not due to the person being severely sick for a long time and missed hours from work, or low pay due to being sick... Its based on their income and ability to work and how much money THEY paid into the system.. It comes off their own taxes THEY paid... AND if it is SSI they don't get a thing due to it being a different type of situation... But go to this link to read more http://www.ssdrc.com/section-9.html... In fact the money HAS to go to the person disabled firstly and rightly so... No offense and I can feel for you but common sense says its only right.. Lots of folks who qualify for disability do NOT get it easy when applying.. In fact if you are found worthy of SSDI or SSI, you can bet your dollar that they were in fact disabled and not playing Hooky and did not pay their support due to good reasons and lack of ability to do so... It makes sense too, as to why disabled person gets the money before the children, NOT that it is good that you never received support, no person should have to go through that but if a person is disabled surely they have been out of work as well and not doing good due to health.. Not due to spite... Most individuals wish to pay their support and often they can't due to being sick. It also takes a very long time sometimes to get approved for it, so its more time without work. Lots of red tape.