How do you get a review of a SSI payee

[VSPeck1]

What is the name of your state (only U.S. law)? Indiana

What has to be done to get Social Security to review the payee of Social Security Benefits that are currently being made on behalf of the child to the parent. The parent is a drug addict and not spending the money to support the child, the child spends less than 1 night a week with this parent and relies on his sister and other family members to take care of his needs. He is 14 years old and currently has impacted wisdom teeth that need to be removed but the father let his health insurance lapse last April and has not had it reinstated. A 14 year old boy who is active in sports needs at least some health insurance coverage. Can the Dad be forced by the courts to maintain health insurance on the boy?

 

[Onderzoek]

What is the name of your state (only U.S. law)? Indiana

What has to be done to get Social Security to review the payee of Social Security Benefits that are currently being made on behalf of the child to the parent. The parent is a drug addict and not spending the money to support the child, the child spends less than 1 night a week with this parent and relies on his sister and other family members to take care of his needs. He is 14 years old and currently has impacted wisdom teeth that need to be removed but the father let his health insurance lapse last April and has not had it reinstated. A 14 year old boy who is active in sports needs at least some health insurance coverage. Can the Dad be forced by the courts to maintain health insurance on the boy?

So has anyone gone to court to get custody? Has anyone reported this to Child Protective Services? Not sure it is illegal for a parent not to provide health insurance. I agree he sounds like a bum, but SSA has little investigative ability but would follow a court decision. Has anyone filed a payee application and provided a reason (documents, statements from everyone, etc.) for SSA to make the change?

 

[OHRoadwarrior]

Each year the Payee is required to submit a report of how the money was spent. I have included a link to the SSA's site with a discussion of expenditures and a link to the OIG's report line.

http://oig.ssa.gov/what-abuse-fraud-and-waste/misuse-benefits-representative-payee

 

[VSPeck1]

So has anyone gone to court to get custody? Has anyone reported this to Child Protective Services? Not sure it is illegal for a parent not to provide health insurance. I agree he sounds like a bum, but SSA has little investigative ability but would follow a court decision. Has anyone filed a payee application and provided a reason (documents, statements from everyone, etc.) for SSA to make the change?

I have talked to a lawyer several times about custody and guardianship but he provides a "clean" house and there is no physical abuse. Because he is so neglectful in his responsibilities the children have removed themselves from the environment, hence the younger boy now spending the majority of his time with his older sister. Child "protective" Services in this state, as most states, are overworked and underpaid and are extremely reluctant to remove a child from their parents. I had all three sons living with me at one point, but CPS returned them to the parents. Four months later my daughter died from a drug overdose and it has been hell ever since trying to get him to do the right thing. I had the papers filled out to request removal but at that particular point, no one wanted to back me. I have his 18 year old living with me and have had for the past two years. What I didn't know was that there in fact a process for a change of payee. I will follow the link provided from the responder to see what this says and contact my attorney here to see what he has to say. Thank you very much.

 

[Onderzoek]

I have talked to a lawyer several times about custody and guardianship but he provides a "clean" house and there is no physical abuse. Because he is so neglectful in his responsibilities the children have removed themselves from the environment, hence the younger boy now spending the majority of his time with his older sister. Child "protective" Services in this state, as most states, are overworked and underpaid and are extremely reluctant to remove a child from their parents. I had all three sons living with me at one point, but CPS returned them to the parents. Four months later my daughter died from a drug overdose and it has been hell ever since trying to get him to do the right thing. I had the papers filled out to request removal but at that particular point, no one wanted to back me. I have his 18 year old living with me and have had for the past two years. What I didn't know was that there in fact a process for a change of payee. I will follow the link provided from the responder to see what this says and contact my attorney here to see what he has to say. Thank you very much.

But have you contacted SSA? Have you gone to the office with the child and the 18 year old sibling? Contacting OIG with your allegation may or may not solve the issue if all you do is make a statement. Sounds like there was a CPS investigation at one point and SSA has less investigative dollars than CPS. If a court won't act, then SSA would have to have evidence that the money issued wasn't being spent on the child's needs and keeping a home for a child is one of the child's needs and SSA cannot require someone to buy health insurance. Is there evidence of the father's ongoing drug use or other unsuitability? You would need to prove either that the child no longer lives with the father (change of physical custody) or that the father is unsuitable. Talking to an attorney and to OIG won't change your proof requirements.

Might also want to consider how to get the child to become legally emancipated from the father. At 14, he may not be old enough but the groundwork could be laid.

Oh, and it is important to know if this is really SSI (Supplemental Security Income) for a disabled child like your post says or Social Security auxilliary or survivor benefits paid on the earnings record of a deceased, disabled or retired parent. Big difference in why money is being paid. The Social Security benefits will stop at age 18 unless he is still in high school. Then they continue until age 19 or end of high school, whichever is first. He could be paid directly at around 17 1/2, with proof of emancipation. If it is SSI, an entire new set of policies apply at age 18.