If I get Social Security – What about My Children?

I was asked by a client I represent before the Social Security Administration on their Social Security Disability claim, “what about my children?” You see, this client was in a highway accident with a semi tractor-trailer.  Regardless of how he got hurt, whether it be getting in a car crash with a drunk driver, or in a construction accident, or a motorcycle accident, or a truck crash, if you cannot work and your disability is likely to last 12 months or more, then you may well be eligible for Social Security Disability, also known as Title Two Disability.   In addition it does not matter if the injury is a brain injury, burns from electrocution, a back injury, a spinal cord injury resulting in paralysis including paraplegia or quadriplegia, blindness, neurological disorders or an amputation, if the injury prevents you from working and is likely to last more than 12 months, you may be eligible for Social Security Disability benefits.

If you are eligible for benefits then your minor children are also eligible for the benefits.  The money your children will receive is in addition to your benefits, not a part of your benefits.  In other words, your benefits will not be decreased because your children are eligible to receive benefits.  If you are divorced, and your ex-spouse has custody of the children, the benefits they receive can meet your total child support obligation.  You need to discuss this with your divorce lawyer.  Here is a helpful hint- If you are injured and can’t work and apply to the Social Security Administration for benefits, you should petition the court that has jurisdiction over your child support matters to hold your child support obligation in abeyance (you will still owe it but you will not be cited for contempt for not paying it while you are waiting to hear from the social security administration).  Then, once you get your benefits, you ask the court to accept the payment from the SSA of the children’s back benefits as payment of the child support for which you are past due, and ask the court to set your new monthly child support obligation as the same as the benefits the children are receiving.   Do not wait until after you get you benefits to make this move, it will be too late by then.

John P. Young has 21 years of experience before the Social Security Administration.  John will handle your claim and all your calls personally.  You will not be shuttled off to a paralegal.  John will personally appear at your hearing, he will not send an assistant.  Put John’s experience to work for you and your family today.

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