Legal Question in Social Security Law in Oklahoma
Back payments
The father of my two children has been on social security payments for aprox. 10 years,I had no way of knowing this. Is it the job of the social security administration to contact me concerning this? Can I get back pay for these years?
2 Answers from Attorneys
Re: Back payments
SSA is not obligated to call you - they have no way of knowing who the children are. The Dad should have notified you - is he paying child support? The child's benefits are paid to the custodial parent, which is YOU.
Call your local SS office ASAP. Have the children's birth certificate & SS# ready to show them. If Dad is receiving disability (not SSI) all of his children will share the children's benefit.
Re: Back payments
If the father's disability payments are Social Security disability payments and not SSI, his children should be eligible to receive benefits. The total benefits for his children should equal about one half of his own benefits. You should contact your local Social Security office about this. You will need to prove that the children are his. If you and he were not married, this can be a problem. The children should be able to receive a back benefit, but you will have a problem if he has other children who have been receiving the payments, since there is a limited fund which is divided among all of the children who are eligible.