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Questions Answered by Thomas Carter O'Brien
1 Answer | Asked in Child Support and Social Security for New York on
Q: I was told because I am disabled that I don't have to pay child support is this true
Thomas Carter O'Brien
Thomas Carter O'Brien answered on Jul 30, 2018

Not necessarily, and I would recommend you speak with an attorney local to you. SSI funds may generally not be garnished to satisfy child support obligations, but Disability funds may not be afforded these protections. Both programs require proof of disability. Additionally, an individual under... Read more »

1 Answer | Asked in Social Security for Texas on
Q: How is the waiting period for SSA benefits calculated if the claimant is self employed? The specific math.

SSA determined I became disabled July 10, 2015. My SSDI benefits started Jan. 16, although I didn't start receiving the money until March 2017.

I know that SSA says the waiting period for determination is five full months below SGA. However, they asked me for six months of info. What... Read more »

Thomas Carter O'Brien
Thomas Carter O'Brien answered on Jul 30, 2018

The 5-month waiting period is described in CFR § 404.315. The relevant part of the regulation states that benefits will be payable after you have been disabled for FIVE FULL (emphasis added) consecutive months. This five-month waiting period begins with the first full month in which you were... Read more »

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