June 16, 2019

Interview with Family Lawyer Monica Hanrahan Freitag – Part 2

In this second installment of my interview with Monica Hanrahan Freitag, we discuss auxiliary benefits and how family law judges deal with lump sum disability payments.



About

Jonathan Ginsberg practices Social Security disability law in Atlanta, Georgia.  He represents clients in claims before the Social Security Administration.

Comments

  1. Vicky Lehman says:

    I live in Texas and my ex is taking me back to court for the 2nd time to modify in 10 months. He signed an “agreed to modify” we spoke with the attorney he hired. He agreed to pay the arrears in full if I waited until his SSDI was approved and then would pay it. This is the agreement in the modified CS order.
    Since the childre received a lum sum payment is is now crying fould and is taking me back to court in the meantime he is not paying the court ordered cs.
    I can not afford to spend more money on a lawyer the kids come first with me.

  2. I just found out my ex husband is receiving SS disability. Apparently when he applied for the benefits he only included the 2 children that are living with him and not our 2 children we had together. The children that live with him have been receiving the auxiliary benefits (at 2 children not 4) for the last year while he is in arrears for 15k with the Dept of Revenue for my children. He has not paid anything since June 2011. Initially I was told by SSA that they would retro my children’s benefits to Sept 2011 and they would receive a lump sum within 30 days, but as of today they stated they can not do that because he did not list them as dependents initially.
    So here are my questions…. Why if he owes 15k in child support was that NOT taken from the lump sum he was awarded for disability? How does SSA interface with child support and what are each agencies responsibilities with regards to arrears? How is it that the SSA was not able to “see” that he had 2 more children? Why would they not be eligible for retro benefits he chose not to include them? Does the application for SSDI ask how many “living children” do you have? What recourse do I have in this matter? I still have not received any payments from SSA or CSE and he has received not only a lump sum from his award but the dependents he did list that are in his household received a retro lump sum payment as well, that was for a substantial amount more because it did not take my children into consideration for the family benefit amount… please help , the state is Florida, thank you

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