• Stephanie O. Joy

Can Non-custodial Parent File an SSI Application for His Disabled Child?


Can a non residential parent file for SSI benefits for a disabled child? Since the mother has not filed, he should, but can he even file for those benefits since he is the non-custodial parent? ANSWER:

I believe he can, although there is a camp to the contrary. Some would be filers have reported that SSA would not take the claim if it learned that the filer was not the custodial parent. However, I would fight this. While the non-custodial parent may not be the first choice of representative payee under SSA rules, I am not readily seeing anything that says he can not file for his legal child. Moreover, I am not even sure the issue of "custody" comes up, unless he brings it up. As such, I'd go to my local SSA, request to file an SSI claim for child, and take it from there. And, if there were a glitch, I'd add a request/motion to my current family court case demanding that the current custodial parent file an SSI claim immediately, and if she doesn't, ask that she be imputed the $$ that should have been coming into the household, but for her failure to file. If she refuses to file what would likely be a valid winning claim, one could consider putting forth that refusal as evidence of her inability to use judgment that is in the best interest of the child. That said, the child to get SSI the combined income of the parents will have to be VERY low, as is the resources limit, so the financial requirements are quite onerou


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