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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 16348
Experience:  15 years exp all aspects of general law
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My daughter had file for disability in 2008, first being

Customer Question

My daughter had file for disability in 2008, first being deny. Then the ruling was reverse in 2012 and she was too receive back pay. The. money total around 22,000.00, and was to be paid in installments. Right after she received her first install payment, she was sentenced to 7 years in prison. I realized her monthly benefits stop til she is released in 2020. My question is can she touch the back pay to help support her daughter. Thank you.
Submitted: 6 months ago.
Category: Legal
Expert:  Legalease replied 6 months ago.

Hello there --

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Because the money was and is being paid to your daughter for the time period BEFORE she was approved by SSI for benefits, she is entitled to keep any money sent to her as part of the back pay amounts and that money can be used to support her daughter. You are correct that your daughter's monthly benefits will stop while she is in prison -- but the money for back pay that she has received and is to receive in the installments is still legally hers to keep because it covers the time period when she was not in prison.

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