Grandson's Social Security Benefits

[granny4]

Grandson, DoB 12-25-82, Receiving SS benefits
as result of Father passing away Dec-1999. Lived w/Father til he died, Father had full
custody. After Father died, went to live with
his Birth Mother..Feb, 2000. SS Benefits started coming to him at her address, payee
was Mother for Benefit of Grandson..He came
to visit Grandparents July 6,2000, while he
was visiting, he expressed desire to leave
the home of his Mother as he did not approve
of her lifestyle (he was raised in a Christian enviorment). Since he was almost
18 yrs of age, was advised that he could leave & that she could contest it but that no
judge would force him to live w/her. He called her August 8 & told her He was moving
out, & that he would like to come & get his
personel things, clothes, computer, etc. which he had brought with him when he moved
there from His Father's house. Upon arriving
the next day, she ordered him off her property. Sheriff Dept called, who sent Deputy out but said that not anything they
could do as they would have to have a court
order to intervene. She still refused to give
up his things. Since he left, she got his
SS check, sent on Aug 16th and has cashed it
refusing to give him any of the funds. WE went to the SS office on Aug 9th, He told them he had left, they got new address, & said that she had 15 days to protest, & that
future checks would be sent to him at his
new address as the checks are for his benefit
and not hers & that if she used his checks
for anything other than his benefit she would
have to pay it back.
However since then, we have called SS office
several times, they say that she is still
showing on computer as payee for his benefit
and that the investigation is ongoing. When
told he is enrolled in High School and is need of funds to buy clothes as she refused
to let him have his clothes, they just keep
saying well, investigation is continuing. I
have called several people, including Legal
aid, as we do not have the funds to hire a
private atty. They say that since he is 17yrs
of age, not sure he is entitled to legal aid.
The bottom line is that she is getting his
SS check, and using it for things other than
his benefit. What can we do?

 

[I AM ALWAYS LIABLE]

My response:

You're not going to believe how simple this is going to be. You're going to be very glad you came here for assistance.

1. Forget about dealing with the Social Security Administration. They're top heavy in red tape.

2. What did Doug Lewellyn on the People's Court always used to say? That's right, he said, "Don't take the law into your own hands . . . you take 'em to court."

3. Get copies of the computer printouts from the SSA that detail the amount and purpose of the checks.

4. Now (and here's the neat part), every month your Grandson files a Small Claims Court lawsuit against his mother for theft and conversion of funds, along with an allegation of fraud. That way, when he wins each month's check, he should also be awarded a sum for punitive damages too!!

5. When she gets tired of going back and forth to court, those checks, when they arrive at her home, will feel like "fire" in her hands, and at some point, sooner or later, she'll be more than happy to voluntarily turn the checks over, signed, to your Grandson.

7. Until he's 18, however, you will have to sign "Guardian ad Litem" forms for each lawsuit he files against his mother. It's a mere formality, and done only because he's a minor.

See, now wasn't that easy?

Good luck.

IAAL

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[granny4]

IAAL
Thank you so much for your help in resolving
this problem..Can we also file a claim for
his personel things she has refused to give
him, clothes, computer, etc at the same time
we file for his SS benefits. We suspect she
may have pawned his computer which is registered in his name with serial number &
all identifacation to prove the computer is
his, date purchased, etc. Thank you again
for your help..oh yes, we live in the
State of Texas.