Legal Question in Social Security Law in Maine

My ex husband applied for SSDI in 2005 and was recently awarded them. I have started to receive benefits for my daughter and was just called and told that I will have to pay half of them back because in 2006 he fathered a child that was later adopted. Does the adopted child have rights to the money that was awarded my child that is legally still a dependant of my ex husband?


Asked on 3/04/10, 10:50 am

1 Answer from Attorneys
David Marchese Drummond & Drummond, LLP

Thank you for your inquiry. I am not clear about your question, but as I understand it you are wondering if the recently adopted child have rights to receive benefits from your ex-husbands Social Security eligibility. Without knowing more, I can tell you that SSDI benefits do extend to adopted children. Whether you will have to pay back funds that you have already received is a much more difficult question. I cannot give you an answer on that, and it will be necessary for you to hire an attorney to research the answer to your question. Good luck.

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Answered on 3/15/10, 11:02 am


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