Social Security and Child Support: Making Sure Our Families Have those Bare Necessities

1. 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 ERICSA 50 CELEBRATES YEARS OF SERVING FAMILIES: THE MAGIC IS STILL ALIVE ERICSA ERICSA ERICSA ERICSA ERICSA

2. Basic Information about Social Security Disability Benefits

3. 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

4. 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

5. 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

7. 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

8. 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?

9. 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

10. Rate of Success—as reported by the SSA in 2005 • 100 filing for disability 40 • 40 allowed • 60 denied • Of those 60 denied • 25 will request reconsideration • Of those 25 • 4 allowed +4 • 21 denied • Of those 21 denied • 19 request a hearing • Of those 19 that requested a hearing • 12 are allowed +12 • 7 are denied or dismissed 56/100 successful

11. 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

12. 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

13. 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

14. 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

15. 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.

16. 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

17. How SS Affects Your Caseload

18. 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?

19. 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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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)

26. 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

27. 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

28. 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

29. 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: LFors@greenecountymo.org