Social Security and Child
Support: Making Sure Our
Families Have those Bare
Necessities
Lara Webb Fors,
Director, SRPCSO
Springfield, MO
ERICSA 50th Annual Training Conference & Exposition ▪ May 19 – 23 ▪ Hilton Orlando Lake Buena Vista, Florida
Basic Information about Social
Security Disability Benefits
SOCIAL SECURITY DISABILITY
• Studies show that a 20 year old worker now
has a 3 in 10 chance of becoming disabled
before reaching retirement age
• Disability is defined by SSA as:
– You cannot do work that you did before
– SSA decides that you cannot adjust to other work
because of your medical condition; and
– Your disability has lasted or is expected to last for
at least one year or to result in death
Work Requirements—Credits
• Work Credits are based on your yearly wages—you
can earn up to 4 per year (1 credit per $1,160 of
income in 2013 where SS tax was paid)
• The amount you need to earn per credit may change
from year to year
• The number of work credits you need depends on
your age when you became disabled; generally, you
need 40 credits, 20 of which were earned in the last
10 years of working ability
Work Requirements—Credits
• If you are young, then fewer credits are
required
– Disabled before age 24: 6 credits in the last 3
years
– Disabled between 24 and 31: need credits for
working one half of the time between age 21 and
age of disability (eg—if disabled at 27, then need
3 years of credits (27-21=6; 6/2=3)
– Disabled at 31 or older—starts at 20—goes to 40
for age 62 or older—see chart
Born after 1929, Became
Disabled At Age
31 through 42
44
46
48
50
52
54
56
58
60
62 or older
Number of Credits You Need
20
22
24
26
28
30
32
34
36
38
40
Determining Disability
• SSA reviews your application and reviews
work credits and other criteria
• SSA sends information to the Disability
Determination Services office in your state
• The agency will get information from your
doctor or ask for more examinations
• SSA has 5 step process for deciding disability—
decision may be appealed
5 step process for deciding
• Are you working? (>$1,040/mon = not )
• Is your medical condition severe? (significantly
limit your ability to do basic work activities)
• Is your medical condition on the List of
Impairments?
• Can you do the work you did before?
• Can you do any other type of work?
Successfully Receiving Disability
• When one is successful, they will be notified in
writing of the monthly benefit amount and the
effective date
– Benefits begin the sixth month after the disability begins
– Medicare coverage starts after receiving disability benefits
for 2 years
– Benefits will continue as long as the medical condition has
not improved and you cannot work
– Date of reviews of condition depend upon disability and
expectation of improvement: 6-18 months, 3 years, 5-7
years
Rate of Success—as reported by
the SSA in 2005
•
•
•
•
•
100 filing for disability
– 40 allowed
– 60 denied
Of those 60 denied
– 25 will request reconsideration
Of those 25
– 4 allowed
– 21 denied
Of those 21 denied
– 19 request a hearing
Of those 19 that requested a hearing
– 12 are allowed
– 7 are denied or dismissed
40
+4
+12
56/100 successful
Who Can Receive Disability
Benefits?
•
•
•
•
•
•
Individual
I’s Spouse
I’s Ex-Spouse
I’s minor children
I’s adult disabled child
Maximum family amount: 150-180% of I’s
benefit amount; adjustments will be made to
auxiliary benefits, not to I’s benefits
Who Can get Child’s Benefits?
• Child must be
– Unmarried
– Younger than 18
– 18-19 years old and a full time student in high
school; or
– 18 or older and disabled; child must have been
disabled before the child was 22
Cannot Receive Benefits
• A person who is successful and gets benefits
cannot get those benefits in months where
s/he is:
– Incarcerated after conviction of a crime
– Has a warrant for his/her arrest for these felony
offenses:
• Flight to avoid prosecution or confinement
• Escape from custody
• Flight-escape
– In violation of a condition of parole/probation
Supplemental Security Income (SSI)
• SSI is monthly benefits to people with low income
and few resources (<$2K) who are also
– Blind or
– 65 or older or
– Disabled
• Benefits are paid from the US Treasury General Fund,
not from the SS taxes
• The federal amount is the same for all states ($710 in
2013,) but some states may add a benefit
Supplemental Security Income
• Recipients may receive other income and still
receive SSI
– For those whose total monthly income is from
wages, their max income is $1,505 (remember,
$710 is SSI, there may be a state benefit, so
income could be </= $795/mon)
– For those whose total monthly income is not from
wages, then wages must be < $730/mon.
Differences of SS and SSI
• Despite one application applying for both
benefits, there are many huge differences:
– SS gives family benefits; SSI does not
– SS funded by SS tax; SSI is general funds
– SS wait 2 years for Medicare; SSI gets Medicaid
almost immediately
– Most states provide a supplemental SSI benefit
– SS is paid on the birthdate; SSI is paid on the 1st of
month
How SS Affects Your Caseload
Referrals to the CSE Attorney
There are three sets of questions the attorney
needs to answer before proceeding:
• Is the NCP already receiving benefits or has
the NCP allegedly applied for benefits/will
apply?
• If the NCP is receiving benefits already, are
they Title II benefits (SS), or are they Title XVI
benefits (SSI)?
• Is this in an Establishment action or is this in
an Enforcement Action?
When the NCP is already
receiving benefits …
• Determine whether the benefit is SS or SSI
• Request that NCP to provide written
verification by SSA of benefit amount or check
your automated system
• If the benefits are SS, determine whether
child(ren) are receiving the auxiliary
(dependent) benefit and verify the amount
and the number of children that are covered
When the NCP has allegedly
applied for SSA benefits…
• Determine where NCP is in the process to give
yourself a timeline
• Verify that NCP has an application with SSA by
checking your automated system or request a copy
of application from NCP
• Verify that NCP listed the child in your action on the
application as a “child” for benefit purposes
• Request a copy of NCP’s “Social Security Statement”
– Find yearly gross reported income
– Find amount of benefit if successful
When the NCP is “going to” apply
for benefits…
• Give NCP directions to SSA office or online at
www.ssa.gov
• Tell NCP to keep a copy of application for you
• Tell NCP to put all of his children on the application
• Tell NCP to apply for Medicaid
– Medicaid application automatically files for Social
Security Benefits; workers in that office may help
you monitor NCP’S compliance with process
Establishment with SSA application
• In addition to tips listed previously, contact NCP’S disability
attorney and determine timeframes for a decision
• If it will take longer than one year for a decision, discuss with
your supervisor about office policy
– May prefer to establish paternity only and modify to add
support later
– May want to impute minimum wage, but Court may not
allow if Court believes NCP is disabled and has no income
– If you confirm that NCP is receiving Medicaid and Food
Stamps, may want to get paternity only
Enforcement with SSA Application
• In addition to tips listed previously, contact NCP’s disability
attorney for time frames for a decision
• Request a copy of medical records or have NCP sign a Medical
Release form
• Monitor that NCP is keeping doctor appointments for SSD
determination
• Send IWO to SSA; SSA will put in their COGS system
• Check automated system for new hire and quarterly wage
information to see if NCP has other (potential) income
• If NCP has private attorney, do discovery for income and
assets
• If you confirms that NCP is receiving Medicaid and Food
Stamps, may want to close referral / end action
Establishment Cases and SSD
• If NCP is receiving SS benefits, all of NCP’S benefit is
included in income; the child’s benefit from NCP’S SS
is not included on the calculation anywhere
• If there is an auxiliary (dependent) benefit, that
amount is credited against the child support
calculation amount before an amount is ordered
• CS order may be zero
• Bonus question: What if the CP is receiving SS and
receives an auxiliary benefit for the child. Where
does that child’s benefit go on the calculation?
that’s right……no where
Enforcement Cases with SSD
Benefits
• SSD benefits are subject to IWO’s
• Even if the child’s auxiliary benefit exceeds the amount of
current child support due in a month, if there are arrears,
send IWO to SSA for the arrearage payment
– See Missouri’s Weaks v. Weaks, 821 SW2d 503 (NCP’s
credit is limited by the amount of current due)
– See Massachusetts's Rosenberg v. Merida, 697 N.E.2d 987
(NCP’s credit is equal to the benefit)
– See Arkansas’s Grays v. AR Office of CSE, 289 S.W.3d 12 (no
bright-line rule; discretion with trial court for equitable
consideration)
Enforcement Cases with SS
Benefits
• Disability determinations are reviewed at
different intervals
• NCP may be working and still receive some
disability payment, so you may have multiple
sources of income to attach
Establishment Cases and SSI
• If NCP is receiving SSI, the benefit is not
included on the child support calculation as
income
• No auxiliary benefit is available to dependents
• If no part of benefit is SS, report to the child
support agency that NCP is on SSI only and be
prepared to get Court to order paternity and
state debt only; other factors may make you
argue for some support
Enforcement Cases and SSI
• Not subject to IWO’s
• If NCP is receiving SSI only and no
other verifiable form of income, may
close the referral, especially for civil
contempt cases because you have to
prove the present ability to pay
Questions? Discussion?
Contact Information:
Lara Webb Fors
Director and 1st Assistant Prosecuting Attorney
Springfield Regional Prosecutors’ Child Support Office
1443 N Robberson Ave Ste 600
Springfield MO 65802
Email at: [email protected]