Social Security Disability

[StevenB832706]

I have recently been approved for SSDI after my stroke and have a 10 year old daughter. I was wondering if I can apply her for child benefits even though I am not the custodial parent. I see her every week but her mother and I have different homes. We are not married but have good communication when it comes to our daughter.

Thanks for your help

Steve

[KayT286587]

Minors are called auxiliary beneficiaries. Benefits will be paid retroactively, usually, to the date they found you are disabled. You can apply, BUT the benefits should go to the custodial parent as the “representative payee” (person who manages the money). If there is child support owed, the auxiliary benefit should count toward it.  You may need to go back in to have the child support order modified to reflect the payment.  If you are in an enforcement situation, you can talk to the case worker who is trying to get the arrears.

[KayT286587]

I am a Social Security disability lawyer. I am not taking new clients. This post does not establish an attorney/client relationship. A very good source of information is 1-800-772-1213, the national help line. The best time of day to call is between 5 - 7 p.m. pacific time when the rest of the country is otherwise occupied.  It is open 7 a.m. Eastern to 7 p.m. Pacific.  www.ssa.gov has an excellent search engine (upper right corner) and you can find pretty much an answer to every question - except about the child support. That is based on my experience.

[john258]

Talk to a local expert in your area to get the best advice. If you do not know one talk to your local AARP Office as they should be able to direct you to one. Never take advice from the general public.

[GailL1]

Do you pay child support to the mother by court order?

[StevenB832706]

Yes, I do. Every month

[StevenB832706]

Sorry, it's not court ordered but  arraignment though the two of us.

[GailL1]

There needs to be some documentation for it - written agreement between the two of you as to the amount; notarized with signatures and date would be good and/or they may ask for some proof that it has been paid during some relatively current time period.  Then you need to file for the child's  benefit.  I am not sure if they pay the allotted amount to you or to the mother.  

Call and ask them.

SSA.gov - Benefits for Children