Can my husband receive his disability check retroactive?

Question

My husband is trying to collect his social security disability benefits in which he was supposed to be receiving for life. He stopped receiving this in 1998 because he was not able to function and pursue this on his own. His mother was receiving this money when he was a minor and even still after when she wasn't supposed to. How can he claim his money and should he receive a retroactive check?

Answer 1

OK, it's never a "for life" deal, if he starts out getting it as a minor.  If he's on permanent disability, from being disabled as a child, usually it stops the second you get married.

He can sue his mother for money she took from him, when he wasn't a minor.  

Meanwhile, he's going to need to reapply for SSDI coverage.  And he may or may not qualify.  If he qualifies, there's a POSSIBILITY it could be retroactive.

Keep in mind, it's not "his" money to claim.  It's MY money, that he's claiming.  SSDI is basically WELFARE, that he's taking from all us working folks.  And I doubt he'll have it forever - SS is paying out SO MUCH in benefits, it's getting ready to implode.  So he'd better have a "plan B".

Answer 2

If he was receiving disability benefits than how can not being able to function and pursue this stop his benefit.  He must have only be on a temporary basis?  And then needed to follow up, and didn't.  I don't believe there is anything you really could pursure other than taking legal action against the mother if she has not provided him with his compensation.  If his mother was receiving his benefit because he was a minor, and the state or federal government have her as legal guardian then it's between him & her in the court.  The social security administration has to send the check to the legal guardian in cases where someone is not able to care for themself, and if she was that person then that is your only option.