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How do I apply for Derivative Benefits for my child?

Porterville, CA |

My Son father is supposed to be receiving SSI benefits. I went to child support court and was court ordered to go and file for Derivative Benefits. So the court ordered child support to give me his fathers information. I went to Social Security office and told me that I had no right to do it. And that child support shouldn't of giving me his fathers information. And that his dad had to go and putt him on his case. That it didn't matter if it was court ordered. I even asked for something in writing so I can take back to court with me and the clerk said no. I need something saying what I can and cannot do. I need some advise this has been an on going battle. His father doesn't even pay child support.

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Attorney answers 1


First of all, if the child's father is actually receiving Supplemental Security Income (SSI) benefits, there are no additional benefits for dependents. It is possible that he is receiving SSDI, which is Social Security disability benefits. (These two programs are commonly confused, even by attorneys.) If he is receiving SSDI and worked enough to have earned dependent benefits, then he should apply for those benefits, and they will be paid to the adult who has custody of the child. If your son's father refuses to do that, you may need to petition the court that ordered the child support to order him to make that application. He should be anxious to comply as those benefits can satisfy his child support obligation. The fact that nothing has been done, suggests that he is either receiving SSI, or did not work enough to have dependent benefits.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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