If you are involved in child support payments, whether paying or receiving, they could have an impact on your Social Security disability benefits. For any case where child support is a factor you have the right to work with a Fayetteville Social Security disability attorney.
The Social Security Administration (SSA) may garnish your benefits to pay your child support, or you may have issues qualifying for benefits if you receive child support.
Paying Child Support When You Receive Social Security Disability Benefits
There are two types of Social Security disability benefits you may be receiving: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). According to federal law, SSDI benefits are considered a replacement for income. Therefore, they can be garnished for payment of child support. A Fayetteville Social Security disability attorney can explain this in detail.
As for SSI benefits, these benefits are given only to those disabled individuals with very limited income and resources. Because these benefits are needs-based they are not considered earned income, but rather public welfare benefits, they cannot be garnished for payment of child support.
When you owe past due child support your Social Security disability benefits can also be garnished to pay these amounts. The rules for exclusion of SSI benefits still apply in this case, but SSDI benefits are still able to be garnished when a claim for past due child support is filed with the SSA.
If a parent files a claim against a disabled parent collecting SSDI benefits the SSA will give them 60 days notice before withholding any benefits. Ask a Fayetteville Social Security disability attorney about garnishment of wages in respect to child support.
Impact of Collecting Child Support on Social Security Disability Benefits
When you file for Social Security disability benefits you are often required to report your income and resources. This is especially important in your SSI claim, as your financial need is determined by your sources of income and the resources available for your living needs.
Child support may or may not become an element in your disability benefit claim, depending on several factors. The SSA does not include child support amounts when considering the income of a parent. Still, you may need to provide child support amounts when filing a Social Security disability benefits claim.
Omitting any details about the income and resources you currently have when applying for any Social Security disability benefits can cause your application to be delayed or denied. This is where a Fayetteville Social Security disability attorney can be of help.
Benefits of Working with a Fayetteville Social Security Disability Attorney
When you work with an attorney you can have them assist you with the application process from start to finish. This reduces the risk of omitting important information that could reduce or delay your benefit award. Even a small mistake on your initial application could hold up your claim for weeks or months while the error is resolved.
To avoid unfair garnishment of your Social Security disability benefits, or make sure that your child support payments are not negatively impacting your benefit amounts, let an attorney help you keep an eye on your rightful disability benefits.
Get Experienced Help with Your Social Security Disability Benefits Claim
With so much information asked of you when filing for Social Security disability benefits it’s easy to see how many claims can be unfairly denied because of lack of evidence and support. Instead of trying to gather all the documentation and evidence of your work history and disabling conditions, let a Fayetteville Social Security disability attorney help you through the process.
At Brent Adams & Associates our team of disability and personal injury attorneys have the knowledge and experience to help clients with many types of legal cases where injury or disability is an issue. From car accidents to veterans’ disability appeals, we help our clients seek the benefits and compensation they are entitled to when they become injured or disabled.
With offices in Dunn, Raleigh and Fayetteville we are honored to serve the residents of North Carolina with their disability and injury legal needs. To schedule a FREE consultation, contact us at 910-892-8177 or toll-free at 800-849-5931.