Dec
28
2011
By occgirl86
My sons father receives SSI but I have been told by the local Social Security office that my son dosent quilify for a portion of it. is this true? and how would i go about fighting it? This man has several children that he doesnt pay any kind of support for so something would be nice. thank you
SSI for a child - child support - garnishment
To be eligible for SSI benefits, a child must be either blind or disabled. Based on my experience, simply because the father receives SSI doesn't indicate your son would qualify for SSI benefits based on the father's benefit.
Social Security benefits may be garnished for child support. However, documents indicate that SSI payments cannot be garnished since they are not considered to be remuneration for employment.
You could possibly appeal this to Social Security, but I don't see a way to receive benefits independently or garnish the payments from the father. You may want to seek other sources of assistance.
http://www.ssa.gov/ssi/text-child-ussi.htm
http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1712
https://secure.ssa.gov/apps10/poms.nsf/lnx/1504505017
ssi and child support
The law states that a child will get child support from the ssi office if the father is on ssi. So you just need to go to the local office and apply for it under his name.