Sometimes Social Security judges award benefits but require that benefit payments go to a "representative payee."   The judge may do this if the claimant is a child, is legally incompetant,  suffers from mental health or medical problems that would make it difficult for the claimant to manage money or in cases where the claimant requests a payee.

Read more on What are the Responsibilities of a Representative Payee…

Can you SSDI benefits be seized to pay past due child support?  Yes, according to Social Security Ruling 79-4, the Social Security Administration can withhold a percentage of a claimant's benefits in an amount equal to what SSA could withhold to pay delinquent income tax debt.

No interest or penalties may be withheld, and before the first withholding may commence, SSA must give the claimant 60 days notice.

There is a question in my mind as to whether SSI benefits may be seized to pay delinquent child support.  The web site esocialsecurityappeal.com states that a "custodial parent has no right to any of the proceeds from SSI."    Tim Moore, the editor of DisabilitySecrets.com also states that SSI recipients will not have their monthly disability benefits and past due benefits seize.  According to Mr. Moore, the rationale to protect SSI from levy relates to the nature of SSI as a welfare benefit:  "since SSI is essentially a public welfare benefit and does not derive  not from a claimant's earnings record, SSI benefits cannot be taken for other purposes, just as food stamps and AFDC funds, likewise, cannot be seized." Read more on Social Security Disability and Child Support…

I regularly get questions from readers of my blog and web site about SSI, SSDI and the differences between the two.  The biggest difference:  you will be eligible for SSDI if you have worked and paid Social Security taxes into the system.  Generally to be fully insured, you need to have worked and paid taxes for 5 out of the last 10 years.

If you have worked consistently for 10 years then stopped working, therefore, you "insurability" will follow you for approximately 5 years.

One of the pieces of information I always look for is my client's "date last insured" for SSDI.   If you have not worked regularly or if there is a big gap between dates that you worked, your date last insured could be an issue.  In order to recover SSDI, your onset date has to be earlier than your date last insured. Read more on How Does the Judge Decide if You are Approved for SSI or SSDI…

I regularly get calls from potential clients who apply for Social Security disability, only to discover that they do not have enough credits to pursue a Title II SSDI claim.  In such cases, the only other option would be to pursue a Title XVI SSI claim.  However, SSI benefits are usually lower ($674 per month for an individual in 2009) and, more importantly, SSI payments are subject to offset if the claimant has a spouse who works.

I see this a lot among self employed people, or salespeople who are paid in cash and do not have money withheld for Social Security taxes.   Here is an email I received from the wife of such a claimant:

I have worked and paid into social security since 1965.  My husband worked on and off for the past 30 years, but has not regularly paid in to social security.  Ten years ago he was diagnosed with MS and he has been unable to work at all.  I went to Social Security to ask if I could get disability payments for him and they told me that I earned too much money ($45,000 annually).  I am now about to retire at age 60 and would like to collect disability for him.  I've gone through web searches and there is such a mire of information – I don't know where to begin.  Can he collect against the money I've paid in?  He is completely dependent on me.

Jonathan's response: unfortunately I think that you are out of luck. Read more on Can Claimant With Sporadic Work History Collect on Working Spouse's Earnings Record?…

This morning, I received an email question from a woman named Elena.  I'm not sure if Elana is an attorney, a non-attorney rep or a relative of the claimant, but she raises an interesting issue about SSI offsets.

Read more on Correcting a Rent Offset in an SSI Claim…

My nephew has SSI and is having problems with his medical bills being paid. Medicare said he has Medicade and Welfare said no, he has Medicare so no one is paying his medical bill and his bill are getting higher. Who is to pay? They said to get in touch with SSI. Why? –Betty

Read more on SSI recipient having trouble with Medicaid…