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Social-Security-Disability-Forum » Benefits Based on Your Parents' Wages, if You Are a Disabled Adult  

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GHK91

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Posted on Saturday, April 28, 2001 - 11:35 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have a question, I have been receiving disability now for a while. I had to waite a year to get it. I have Bi-Polar disorder. I have never been able to hold down a job. The SSA said that I made too much money one month and that was why I couldn't file under my father's income. So I had to go by mine. I haven't mad any money hardly ever It's seems. But they finally paid me my money after a year waite. It was $320.00. Is that all I can do. Is take that every month. Or were they lieing to me when they said I could't take and use my father income to set my check amount. I feel and the doctors feel that I am suffering froma birthborn defect and that I should be covered under My father. Right or wrong. Please tell me what I can do
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Paul McChesney (Admin)

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Posted on Monday, April 30, 2001 - 5:34 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

GHk91, I would certainly sit down and talk to an attorney about this. Someone who has been disabled for his or her entire life can sometimes claim under his or her parent's record. This will usually be more money than a claim against that person's own record.

A long period of work after the person reaches 22 can make it difficult to do this. But in your case, if the work effort was brief, you might argue that it was an unsuccessful work attempt.

Get an attorney. Email me your city and I will talk to you or get someone to.
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kellielal lefevre

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Posted on Thursday, June 13, 2002 - 10:30 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

can a disable adult child receive a deceased parent retirement or penion benifits?
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Paul McChesney (Admin)

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Posted on Wednesday, July 17, 2002 - 5:13 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Sometimes. For example, a disabled adult, if unmarried and if the disability began before age 22, can receive benefits if the parent has earned enough and is deceased, retired, or disabled. If you think that you are disabled and have been so since 22, you should talk to an attorney.
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Jim Werts

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Posted on Tuesday, October 29, 2002 - 10:26 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Can a child 20 years old with a disability get part of her parents retirement income when the parent retires 8 years from now ?
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Paul McChesney (Admin)

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Posted on Monday, December 02, 2002 - 6:10 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Jim, the answer is, sort of.

A child is never paid "a part of the parent's retirement income." Any money paid to the child never reduces the check of the wage earner. It can reduce the check of other children or in some circumstances the children's mother.

If a child can prove he was continuously disabled since before age 22, he can draw benefits off of his parent's record when that parent starts drawing Social Security disability or retirement.

Take care.
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Bud Campbell

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Posted on Friday, November 01, 2002 - 7:57 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

1. Can an ex-wife get on social security disability against ex-husband's social security without the ex-husband knowing about it ?
2. How do you find out if ex-wife or daughter is drawing social security on ex-husband's/father's social security's account ?
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Paul McChesney (Admin)

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Posted on Monday, December 02, 2002 - 6:14 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Bud - I am embarrassed to admit that I cannot answer this question. I would guess that the Administration would tell a wage earner whether his ex is drawing off of his record.

I can say that there is nothing that the wage earner can do about it.
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Betty Hester

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Posted on Friday, November 01, 2002 - 8:01 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If one family member draws social security benefits against another's family members' (father) social security account - does this reduce the social security that the father can draw at retirement?
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Paul McChesney (Admin)

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Posted on Monday, December 02, 2002 - 6:11 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Betty - at last, a question with a short answer! No.
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BelindaTaylor

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Posted on Sunday, January 12, 2003 - 2:27 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am an adult child who draws SSI from one parent who is deceased. If I get married will my benefits be reduced or elimated?
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BelindaTaylor

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Posted on Sunday, January 12, 2003 - 2:35 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If I draw disability benefits for a medical condition and am currently single and decide to get married, will my benefits be changed or discontinued?
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Paul McChesney (Admin)

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Posted on Tuesday, February 25, 2003 - 8:05 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Belinda: You cannot be drawing SSI off of your parent's, or anyone else's, record. SSI is not paid based on anyone's earning record; it is paid based on household income and resources. If you get married and your husband has either, it might and usually does affect your SSI check.

You can often draw Social Security Disability benefits off of your parent's record if that parent is deceased or drawing disability benefits or retired, and if your disability developed before your 22nd birthday. If the person you are marrying is not also entitled, marriage can terminate your right to benefits.
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Holly

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Posted on Tuesday, July 29, 2003 - 2:54 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I was disable before age 22 and now that my dad is retired, I will be drawing benefits off his record. When my mother retires, will I draw additional benefits off her work record?
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Paul McChesney (Admin)
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Posted on Tuesday, July 20, 2004 - 6:09 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Holly, that is a good question. You will draw benefits off whichever record will give you the larger check. You cannot double up and draw benefits off of both records.
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christy

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Posted on Tuesday, January 06, 2004 - 10:11 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My brother-n-law draws ssi from his father who is not married to his mother. His mothers new husband just got ssi for disability. The boy will be 18 in two months. how long will the boy continue to recieve ssi from his biological father? and will his step dad's ssi have any effect on the boys, for example, will the boys ssi go up?
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Paul McChesney (Admin)

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Posted on Sunday, April 25, 2004 - 7:16 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

how long will the boy continue to recieve ssi from his biological father?

I take "SSI" to mean "child's benefits based on his father's record." If the check comes in a brown envelope and has the father's SS number on it, it is a child's benefit check, not SSI.

If so, he will draw a check until he is 18, unless he is going to high school on a full time basis. If he is going to high school on a full time basis, it will be until he stops or until he becomes 19, whichever comes first.

and will his step dad's ssi have any effect on the boys, for example, will the boys ssi go up?

If it is child's benefit, no effect.


If the check is actually an SSI check, he would be drawing it because he was disabled and his family unit had a limited income. An SSI check comes in a blue envelope and would have the child's SS number on it. If it is SSI, the amount of the check would be affected by the income of those in his household.
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Holly Easterling
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Posted on Sunday, July 04, 2004 - 6:44 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

We have a 17yr old daughter who has never rec'd anything - SSI or otherwise for her disability. She has been special needs since 1st grade. We are wanting to apply for SSI now. How can we go about that? And, once approved are the payments retroactive? My husband and I are taking care of her financially now, but we are thinking of her future and trying to prepare for a time when we may not be here.
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Paul McChesney (Admin)
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Posted on Tuesday, July 20, 2004 - 6:07 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Holly E., The easiest way to apply is to go to www.ssa.gov and follow the instructions there, or to call 1 800 772 1213 and ask for a telephone appointment.

For SSI, payments can only go back to the date of the application. Sometimes you can re-open old applications.

Take care.
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Tiffany
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Posted on Sunday, July 11, 2004 - 9:08 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 17 years old and my mother recieves a child benefit check for me each month because she is disabled. Is it possible for me to somehow ask them to send the check in my name or is there anyway I can start recieving the check myself?
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Paul McChesney (Admin)
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Posted on Tuesday, July 20, 2004 - 6:02 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Tiffany: Generally not. As a minor, it is presumed that you are not wise enough to handle your own money. Whether this is true or not, that is the way it is set up.

A separate question is whether your mother is a good person to handle the check. If not, you can apply for someone else to do that.
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Sandra Cox
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Posted on Saturday, July 31, 2004 - 9:09 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Generally how current does testing need to be? I'm speaking of x-ray, MRI, etc. I have no insurance to pay for these expensive tests so my physician tries to be minimal. Does SSA board consider no health coverage as reason not to have tests? Thank you.
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Paul McChesney (Admin)
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Posted on Tuesday, August 10, 2004 - 6:46 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Sandra: Answers follow your questions:

Generally how current does testing need to be?

Depends. If they reflect a condition that will not improve (back fusion) they can be old.
If they reflect a condition that can improve (ruptured disk, but there has been an operation to fix it) old tests do not tell you as much.

I have no insurance to pay for these expensive tests so my physician tries to be minimal.

That is a common problem. There are often ways to solve it; it takes someone who really knows the local charitable medical system. Some docs do; most don't; some attorneys do; many don't. Maybe sit down and talk to several attorneys who handle Social Security disability cases and hire the one who can answer those questions for your locality.



Does SSA board consider no health coverage as reason not to have tests?

Well, sort of, but in most areas the judge will see many people without insurance who have been able to get tests because they worked the charitable system well. And it is your burden to somehow show that you are disabled.

Thank you.

Sure. Good luck.
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princess
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Posted on Wednesday, August 04, 2004 - 9:35 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

my child's father receives ssi and retirement survivors disability insurance can my children(twins: boy & girl)receive any benefits off of his ssi? A lawyer tyold me if I file for child support they could not make him pay it because he is disabled and if if he did it would be no more than $60 a month
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Paul McChesney (Admin)
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Posted on Tuesday, August 10, 2004 - 6:18 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

can my children receive any benefits off of his ssi?

If all he is getting is SSI no other person gets benefits because of it.

If he is drawing retirement or disablity his minor children might be able to get benefits on his record, in theory, and you should certainly apply for them. But if he is getting SSI that suggests his benefits are so low that there will be little for his children.

Bottom line: Don't assume you or I understand exactly what he is getting; file for the kids and find out.

A lawyer tyold me if I file for child support they could not make him pay it because he is disabled and if if he did it would be no more than $60 a month

Might be so. The answer to that question depends on state law, and varies from state to state. I can say that most states require parents to pay support. Whether a disabled person would have to pay depends on a lot of things. A disabled millionaire? Yes. A disabled person with no income or resources? Maybe not, if he can prove it. A person drawing SSI? Maybe.
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veronica ryan
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Posted on Friday, October 22, 2004 - 9:46 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My son turns 18 in 4 months. We have never apllied for SSI because we make too much. My son needs the SSI for the Medicaid. We do not want a gap in coverage from our insurance - which ends at 18 - and medicaid. How soon before his birthday should we start the process?
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Paul McChesney (Admin)
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Posted on Sunday, November 14, 2004 - 6:24 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

That's a good question, and I am not sure. I guess there is no harm, other than the time you might waste, in trying to apply before he is 18. I am afraid there will probably be a gap, because the Administration is so slow in processing SSI claims.

I suggest that you also go to your state's Department of Social Services and apply for Medicaid seperately. Some but not all states let you do this, and in the states I am familiar with, the processing of state Medicaid claims is a lot faster than the Federal government's processing time for SSI claims.

It is possible that your health insurance will continue to cover your son if he is disabled, or if he is a student, in which case you should apply for that, sticking him in some school if necessary.

Take care and good luck.
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maggie
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Posted on Tuesday, November 30, 2004 - 9:29 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

im a 19 year old who has bi-polor disorder and bpd and have recived ssi benefits in the past and i recently found out i was approved for them again. iv got 2 questions...the first is they found i was not capable of handleing my own money and are going to appoint a repersentive payee ( my mother), but im sure from past experence with her handleing my funds that i will not get anything from my check it will go to her bills and that only is there anything i can do i have no other relitives and really noone elese,2 i applyed over 9 months ago will the first check be retroactive from the time i applyed? and if so from what i recive can i put any into saveings for myself later on without that makeing future benefits go down?
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Paul McChesney (Admin)
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Posted on Wednesday, December 01, 2004 - 1:09 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Q. the first is they found i was not capable of handleing my own money and are going to appoint a repersentive payee ( my mother), but im sure from past experence with her handleing my funds that i will not get anything from my check it will go to her bills and that only is there anything i can do i have no other relitives and really noone elese,

A. Most people with bi-polar problems cannot be trusted with the money during their manic phase. You probably need a representative payee. Try to come up with somebody and take them down to the Administration with you. If your mom does it, explain that you are going to have her audited, warn her that she needs to keep receipts, and then if she doesn't spend it like she is supposed to you will have to decide whether to report that to the Administration.

Q. i applyed over 9 months ago will the first check be retroactive from the time i applyed?

A. SSI can go back to the day you filed.

Q. and if so from what i recive can i put any into saveings for myself later on without that makeing future benefits go down?

A. You can save it for a certain number of months, after which it will be counted against you as resources and serve to maybe stop your check. Put it in to assets they don't count, like maybe the house you live in.
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maggie
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Posted on Wednesday, December 01, 2004 - 1:56 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

thank you so much for your reply
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stefanie snyder (Unregistered Guest)
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Posted on Monday, February 28, 2005 - 1:01 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

my exhusband and i have been living together for five years now. he receives disability for himself and our two children. My son will be 18 in May. Can he continue to get benefits if he is in college? Can I receive a spousal check one my son turns 18 if I have a full time job? Also, if we were to get married again, would my husbands benefits decrease or get cut off? Thank you for your time.
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Paul McChesney (Admin)
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Posted on Sunday, April 24, 2005 - 1:11 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Q. My son will be 18 in May. Can he continue to get benefits if he is in college?

A. No. Assuming that he is not going to high school full time, benefits end at 18. If he is going to high school full time, they are extended until he turns 19 or stops going to high school full time.

Q. Can I receive a spousal check one my son turns 18 if I have a full time job?

A. Assuming he is your youngest son, or assuming that your income would be above the maximum you can earn and still draw over-62 retirement, no. (The earning test for mother's benefits is the same as for over-62 retirees.)

Q. Also, if we were to get married again, would my husbands benefits decrease or get cut off?

A. No, not in your case, because your husband is drawing Social Security Disability. If he were drawing SSI, there might or might not be a change.
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jennifer johnson (Unregistered Guest)
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Posted on Tuesday, June 07, 2005 - 10:13 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi. My mother died when I was 3, and I have received Social Security checks until I graduated high school. A year later, now at 19, I am continuing my education. Is there further social security benefits for me now that I am going to college?
Thanks
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PETER DIPISA (Peter)
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Posted on Wednesday, June 22, 2005 - 2:49 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am interested in obtaining SSD on my fathers work credits. I have been on SSD for 5 years now and havent worked a day of my life. Is this possible? If so, how do I do it?
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Paul McChesney (Admin)
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Posted on Monday, July 04, 2005 - 6:57 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Peter, very roughly, he must be deceased, disabled, or retired, and you must show disability commencing before you were 22. You should talk to a lawyer to see if a recovery is a possibility for you.
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cheryle (Unregistered Guest)
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Posted on Thursday, July 21, 2005 - 4:53 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My mother just died. my father who is still living has been receiveng ssi/disability she raised us on welfare until she open her child care business in 1991 can you tell me if my sisters and brothers were entitled to any of this money for back child support?
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Paul McChesney (Admin)
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Posted on Tuesday, August 02, 2005 - 12:10 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

There are a lot of complicated rules about whether you can draw off his check, and whether a timely application was made. You might talk to a lawyer, and file if he or she holds out some hope. To give you an example of the complexities of your case, these are a few of the factual issues that occur to me:
-Were your parents married?
-If not, did your father support the children?
-Did he draw Social Security Disability?
-If so, was his check large enough to pay dependent's benefits?
-Was there ever an application for the children?
-Was it appealed?
-Are any of the children now minors or disabled adults?
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Jacqueline Bonjean (Unregistered Guest)
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Posted on Tuesday, August 30, 2005 - 7:45 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I would like to know if there is any help I can do for my daughter to help with college expenses. I am on disability and SSI, but can not afford College tuition?
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Paul McChesney (Admin)
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Posted on Saturday, September 24, 2005 - 12:02 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I don't know much about this, but can say that many colleges are more prone to give scholarships and loans to kids whose parents have low income.
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Michelle Keller (Kuzuntite)
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Posted on Saturday, October 01, 2005 - 12:31 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hello,
I am in the process of applying for SSDI as an adult disabled child. I cannot seem to find a clear answer to whether my marriage/divorce 9 years ago will affect my eligibility. Am I eligible as long as I am unmarried at the time of filing? Or, am I ineligible since I have previously been married & divorced. Thanks so much for your assistance.


(Message edited by admin on March 13, 2006)
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Paul McChesney (Admin)
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Posted on Monday, March 13, 2006 - 5:20 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

This is a difficult question to answer. I will only do so if you promise NOT to rely on what I say; instead you must take any question about marriage of a disabled adult claiming on their parent's record to a really good lawyer.

Now the answer: Unless you get married to another beneficiary, marriage terminates disabled adult child's benefits. That is pretty clear.

And probably, that person would not be able to start drawing again if the marriage ended by divorce or death.

An annulment is a different question, because an annulment is a declaration that there never was a marriage to begin with.

And there is a pretty good argument that some sloppy drafting of the law enables a person to draw benefits if he or she has never drawn benefits, gets married, becomes unmarried, and then files for the first time after the marriage ends.

This is so complicated that there is a fair chance that if you apply, the Administration official who decides the case will get mixed up and decide incorrectly.

Confused? Good. Be sure to sit down with a lawyer; don't try to figure it out yourself!

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