[Babyboomer15]

A friend of mine just passed away but he was approved for SSDI. He was way behind in child support payments and I think he collected unemployment last yr. His son should be able to receive survivor benefits . What happens to the SSI/SSDI money if both child support and back taxes are owed? What supercedes what?

[legalmania]

Originally Posted by Babyboomer15

A friend of mine just passed away but he was approved for SSDI. He was way behind in child support payments and I think he collected unemployment last yr. His son should be able to receive survivor benefits . What happens to the SSI/SSDI money if both child support and back taxes are owed? What supercedes what?

How old is the child? If the child is 18 or under than that child as well as his mother are entitled to survivors benefits. I have to do some research but I don't think they can get back payments from SSDI after they are deceased. . Let me do a little research and I'll be back. File right away because sometimes they figure benefits from the time you apply, not necessarily from the time the person dies.

How do I apply for benefits?

If you are not currently getting Social Security benefits

You should apply for survivors benefits promptly because, in some cases, benefits will be paid from the time you apply and not from the time the worker died.

You can apply by telephone or at any Social Security office. We will need certain information, but do not delay applying if you do not have everything. We will help you get what you need. We need either original documents or copies certified by the agency that issued them.

Here is just some basic info:
http://www.socialsecurity.gov/pubs/10084.html#3

Another Link:
http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/395

[legalmania]

I couldn't find anything on getting SSDI back payments when a person is deceased. I'm surprised that they didn't deduct it from his unemploymenmt. Well here is all I could find. If I were you I would tell your friend to file a.s.a.p. and explain the whole story.

http://www.socialsecurity.gov/policy.../pb2004-02.pdf

[Janke]

Originally Posted by Babyboomer15

A friend of mine just passed away but he was approved for SSDI. He was way behind in child support payments and I think he collected unemployment last yr. His son should be able to receive survivor benefits . What happens to the SSI/SSDI money if both child support and back taxes are owed? What supercedes what?

The underpayment due a deceased is paid out based on the following priority list. Child support and back taxes are not on the list. Unemployment benefits are not an issue. If he received a public disability benefit, that would offset the SSDI.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0202301030

The person who has responsiblity for the child should file a survivor claim for the child and should file a request for the underpayment (form 1724) on behalf of the child at the same time.

[finz]

Janke,

This is because I'm curious and was waiting to see what the 'answer' to BB's question would be, because I had no idea how SSA would handle this.......but why don't they just pay it to the deceased's estate ?

I prefer the idea that the money would go straight to the child, as the debt of the deceased could eat up the whole award, but it just seems to me that any debtors would be entitled to recover their losses.......or say a deceased man was estranged from his ex wife and child and wanted to leave all assets to his new wife.

I'm contemplating divorce and on a divorce forum, so that 'angle' may color my perception on this.

[Babyboomer15]

If the parents were divorced and the deceased had one child ,then the mother of the child is eligable for benefits ,also? How does that work? Must she be a certain age and never remarry to receive survivors benefits? If the person that was awarded SSDI is dying,can they remarry their ex so they can receive survivor benefits if they weren't going to receive them ,otherwise?

[Janke]

Originally Posted by finz

Janke,

This is because I'm curious and was waiting to see what the 'answer' to BB's question would be, because I had no idea how SSA would handle this.......but why don't they just pay it to the deceased's estate ?

I prefer the idea that the money would go straight to the child, as the debt of the deceased could eat up the whole award, but it just seems to me that any debtors would be entitled to recover their losses.......or say a deceased man was estranged from his ex wife and child and wanted to leave all assets to his new wife.

I'm contemplating divorce and on a divorce forum, so that 'angle' may color my perception on this.

Can't answer the why question. The representative of the estate is 7th in line. First person in line is the spouse who lives with the deceased. An ex-spouse is nowhere on the list, but could get the money as representative payee for the deceased's child. But it's the child's money.

[legalmania]

Originally Posted by Janke

Can't answer the why question. The representative of the estate is 7th in line. First person in line is the spouse who lives with the deceased. An ex-spouse is nowhere on the list, but could get the money as representative payee for the deceased's child. But it's the child's money.

That's not true an ex-spouse is entitled to benefits under certain rules. My aunts collects benefits from 2 husbands, and she is rich. I don't think SS survivors benefits include deceased children. I believe you are entitled to up to 6 months backpay.

http://www.ssa.gov/survivorplan/onyourown3.htm

http://www.ssa.gov/pubs/10084.html#2

[finz]

LM,

Janke was answering my question relating to an ex spouse going after a piece of the deceased estate if the SSDI backpay went to the estate......which , as Janke explained, it does not. You are discussing something totally unrelated.
I'm also not too sure what you were talking about with " I don't think SS survivors benefits include deceased children" I would think it's obvious that a dead child could not collect benefits.

BB,

A divorced ex spouse can collect survivor benefits if they care for the deceased's child. I think they can even if they have remarried, but not sure on that part.

[Rickey]

Originally Posted by Babyboomer15

If the parents were divorced and the deceased had one child ,then the mother of the child is eligable for benefits ,also? How does that work? Must she be a certain age and never remarry to receive survivors benefits? If the person that was awarded SSDI is dying,can they remarry their ex so they can receive survivor benefits if they weren't going to receive them ,otherwise?

I believe they go by how long they were actually married. My baby brother died of a massive heart attack at the age of 26. He had 3 children. The children started getting benefits right away. Almost $300 each a month and they will get this until they reach the age of 18 (2 of them already have). His wife didn't get anything because they were only actually married 2 years. She didn't want to work and support the kids and was about to loose them to the child welfare people. Me and my other 2 brothers helped my parents to take custody of the kids so they would have a chance at life. Now this happened way back in the early 90s so the rules have probably changed since then.