Legal Question in Social Security Law in New Jersey

liable for step sons ssi

my step son is disabled and recieves ssi and social security is droping his monthly payment from 578 to 128 per month because they are stating that i make to much money his mother and me are married but i never adopted him or gave him my name his real father is a deadbeat who owes $13,000 in back child support in which they were taking money away from my step son for that too when he was recieving it. my question is are they allowed to use my income in deciding his monthly benifits and it seems to me that if they are using my income then they should not of used his child support against him too..... please someone shed some light on this for me ..


Asked on 4/07/05, 10:18 pm

1 Answer from Attorneys
Randall Selagy F. Randall Selagy, P.C.

Re: liable for step sons ssi

SSI is a welfare/needs-based program. SSA includes all household income, including child support received, when calculating the SSI benefit. You have the right to appeal this determination. Look at the notice you received and ask for an appeal. Call your local county Bar Association or NOSSCR for an attorney to help you. This may also be a good time to persue the childs father for support.

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Answered on 4/08/05, 9:27 am


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