My mother took my minor childs survivor benefits and SSA is not helping

[pbosgraaf]

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

My mom took my 16 year old daughter to social security and said that she lives with her now and now she is the representative payee, i went to ask SSA about it and they gave me a real hard time, I have full custody of my daughter and pay for all her expenses, social security never sent me a letter, they just gave it to her, what can i do, I cannot afford a lawyer, I have reported my mom for fraud, I had to put my daughter into a residential program because she is running away and my mom is helping her to run away. please i really need hep, I was they payee for 5 years and all the decisions i made were based on my daughters needs and that money helped out, including the 540 a month i pay for insurance on her and the 4000 dollars i will owe for the residential facility. everywhere i read it says that I would have to go to social security and tell them i do not want to be payee because she is a minor, but my mom did it, i believe she knows the person in the SSA office, the lady really gave me a hard time. what can and should i do

 

[LdiJ]

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

My mom took my 16 year old daughter to social security and said that she lives with her now and now she is the representative payee, i went to ask SSA about it and they gave me a real hard time, I have full custody of my daughter and pay for all her expenses, social security never sent me a letter, they just gave it to her, what can i do, I cannot afford a lawyer, I have reported my mom for fraud, I had to put my daughter into a residential program because she is running away and my mom is helping her to run away. please i really need hep, I was they payee for 5 years and all the decisions i made were based on my daughters needs and that money helped out, including the 540 a month i pay for insurance on her and the 4000 dollars i will owe for the residential facility. everywhere i read it says that I would have to go to social security and tell them i do not want to be payee because she is a minor, but my mom did it, i believe she knows the person in the SSA office, the lady really gave me a hard time. what can and should i do

Go back to the social security office and ask to speak with a supervisor.

 

[pbosgraaf]

Thanks

I plan on doing that, but the lady i saw the first time treated me soooo badly, also i have to fill out a 561 appeal form, on that form it has 3 options (case review, informal conference, formal conference) am I allowed to ask for a informal conference and will i get it so i can speak to the person that is doing the investigation?

also, I called and they said CPS has something against me, my mom has called CPS on me 3 times and every time case is closed with no indications, I have 2 of the letters, I am waiting for the 3rd. for 5 years CPS was never called on me, I really need the help of a lawyer but I have no money, if there is anyobne that can help i would really appreciate it, I will gladly make payments.

 

[TheGeekess]

I plan on doing that, but the lady i saw the first time treated me soooo badly, also i have to fill out a 561 appeal form, on that form it has 3 options (case review, informal conference, formal conference) am I allowed to ask for a informal conference and will i get it so i can speak to the person that is doing the investigation?

also, I called and they said CPS has something against me, my mom has called CPS on me 3 times and every time case is closed with no indications, I have 2 of the letters, I am waiting for the 3rd. for 5 years CPS was never called on me, I really need the help of a lawyer but I have no money, if there is anyobne that can help i would really appreciate it, I will gladly make payments.

Legit attorneys do not troll forums looking for clients. Your best bet is to find a local attorney and see if they'll take payments.

 

[pbosgraaf]

update and question

So my daughter is now out of the behavioral facility she was in, and she is sorry for everything she did but does not want to talk too much about it, I waited for her to get out of the center to go back to social security so she can tell them that she does indeed live with me, so they still give me a hard time, so let me try and explain the best I can

5 years ago I became representative payee for my daughter after her mother died there were no issues

8 years ago I did have a felony conviction for possession, I was able to representative payee there was no issue at all there were no active cases and that case was done and gone, even got some of my rights back (I just cant carry a gun, I can vote though) I have had no issues since then

So when I go to Social Security today they say the rules have changed and now you can have NEVER had a felony, is this true and if so when did it change, I cannot be the representative payee for my minor child for a felony from 8 years ago before I had full custody and before they ever got the survivor benefits

there were no issues 5 years ago when the conviction was 3 years old but now 8 years after the conviction they say it is an issue

This has really got me so screwed, before I got my kids full time I lived in a 2 bedroom, I now live in a 4 bedroom, back in August I was offered insurance through my company there were 2 different insurances available, a cheap one and a very expensive one, I took the expensive one because of the money my daughters have for the benefits, I feel everything I have done with this money has been in the best interest of my children, now I am stuck with 540.00 dollars of insurance payments per month I cannot get out of until August, I have a 4 bedroom house I cant afford without that money so my kids could all have their own bedrooms, a much bigger electric bill and a water bill (I never had at my old house) and I also have a 4000 dollar bill for the insurance deductible from sending her to then behavioral institution

Why is social security giving me such a hard time when I know I have done nothing but use that money for the benefit of my kids

What can I do about it, just hire a lawyer

BTW, I of course have to cut off my mother from seeing my kids because of the bad influence she has been, now she is rep payee, so where is the money going if she remains payee? i dunno

I really really need some advice and help, I can afford my bills and eat I really cant afford a lawyer until August when I can cancel the insurance, but, I went to fill my daughters prescription today and without the insurance it would have been 318.00 for a 1 month supply of her meds, with insurance 21.85

sorry its so long and you guys have been such a great help, I am just feel like the system has really screwed me

 

[Onderzoek]

So my daughter is now out of the behavioral facility she was in, and she is sorry for everything she did but does not want to talk too much about it, I waited for her to get out of the center to go back to social security so she can tell them that she does indeed live with me, so they still give me a hard time, so let me try and explain the best I can

5 years ago I became representative payee for my daughter after her mother died there were no issues

8 years ago I did have a felony conviction for possession, I was able to representative payee there was no issue at all there were no active cases and that case was done and gone, even got some of my rights back (I just cant carry a gun, I can vote though) I have had no issues since then

So when I go to Social Security today they say the rules have changed and now you can have NEVER had a felony, is this true and if so when did it change, I cannot be the representative payee for my minor child for a felony from 8 years ago before I had full custody and before they ever got the survivor benefits

there were no issues 5 years ago when the conviction was 3 years old but now 8 years after the conviction they say it is an issue

This has really got me so screwed, before I got my kids full time I lived in a 2 bedroom, I now live in a 4 bedroom, back in August I was offered insurance through my company there were 2 different insurances available, a cheap one and a very expensive one, I took the expensive one because of the money my daughters have for the benefits, I feel everything I have done with this money has been in the best interest of my children, now I am stuck with 540.00 dollars of insurance payments per month I cannot get out of until August, I have a 4 bedroom house I cant afford without that money so my kids could all have their own bedrooms, a much bigger electric bill and a water bill (I never had at my old house) and I also have a 4000 dollar bill for the insurance deductible from sending her to then behavioral institution

Why is social security giving me such a hard time when I know I have done nothing but use that money for the benefit of my kids

What can I do about it, just hire a lawyer

BTW, I of course have to cut off my mother from seeing my kids because of the bad influence she has been, now she is rep payee, so where is the money going if she remains payee? i dunno

I really really need some advice and help, I can afford my bills and eat I really cant afford a lawyer until August when I can cancel the insurance, but, I went to fill my daughters prescription today and without the insurance it would have been 318.00 for a 1 month supply of her meds, with insurance 21.85

sorry its so long and you guys have been such a great help, I am just feel like the system has really screwed me

There have been clarifications to what felons can be representative payees and which ones can't.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0200502133 (tried to make this a link but was unsuccessful)

You stated that your child just got out of a behavioral facility but didn't say how long she had been in there or why she went there so there are important details missing from this story. You also said your mother was named as payee, but didn't say what she was doing with the money.

If SSA will not let you be payee and you can't work with your mother as payee, and you have custody of the child, then you should contact a bonded payee agency who will set up a budget and pay some of the household bills and some of the child's own bills which may just include that $4000 deductible.

 

[BL]

So my daughter is now out of the behavioral facility she was in, and she is sorry for everything she did but does not want to talk too much about it, I waited for her to get out of the center to go back to social security so she can tell them that she does indeed live with me, so they still give me a hard time, so let me try and explain the best I can

5 years ago I became representative payee for my daughter after her mother died there were no issues

8 years ago I did have a felony conviction for possession, I was able to representative payee there was no issue at all there were no active cases and that case was done and gone, even got some of my rights back (I just cant carry a gun, I can vote though) I have had no issues since then

So when I go to Social Security today they say the rules have changed and now you can have NEVER had a felony, is this true and if so when did it change, I cannot be the representative payee for my minor child for a felony from 8 years ago before I had full custody and before they ever got the survivor benefits

there were no issues 5 years ago when the conviction was 3 years old but now 8 years after the conviction they say it is an issue

This has really got me so screwed, before I got my kids full time I lived in a 2 bedroom, I now live in a 4 bedroom, back in August I was offered insurance through my company there were 2 different insurances available, a cheap one and a very expensive one, I took the expensive one because of the money my daughters have for the benefits, I feel everything I have done with this money has been in the best interest of my children, now I am stuck with 540.00 dollars of insurance payments per month I cannot get out of until August, I have a 4 bedroom house I cant afford without that money so my kids could all have their own bedrooms, a much bigger electric bill and a water bill (I never had at my old house) and I also have a 4000 dollar bill for the insurance deductible from sending her to then behavioral institution

Why is social security giving me such a hard time when I know I have done nothing but use that money for the benefit of my kids

What can I do about it, just hire a lawyer

BTW, I of course have to cut off my mother from seeing my kids because of the bad influence she has been, now she is rep payee, so where is the money going if she remains payee? i dunno

I really really need some advice and help, I can afford my bills and eat I really cant afford a lawyer until August when I can cancel the insurance, but, I went to fill my daughters prescription today and without the insurance it would have been 318.00 for a 1 month supply of her meds, with insurance 21.85

sorry its so long and you guys have been such a great help, I am just feel like the system has really screwed me

Did you ever ask to speak to a supervisor,have a case reveiw to take your proofs to?

Who told you at SSA you can NEVER have had a felony to be Rep. Payee? Even if true , your mother has to be applying ALL the benifits to your daughter's needs ,perhaps request an agency handle it.

However ,I have found nothing to indicate a satisfied felony with no other involvement with pending arrest warrants,probation and the like ,from barring a convicted parent that has has satisfied their felony conviction from being rep. payee.

You really need to go back to SSA and first ask to speak to a supervisor ( taking all your proofs with you ), then if need be schedual a case reveiw.

How old is your daughter ? Is she in school? Does the school registration list your adreess as hers ?

What is happenning with the fraud investigation on your mother ?

Has your mother had to submit documents of how and what she has/is spending the benifits on ?

Don't just take any ole receptionist advice , they are often wrong . Some are helpful ,some are not.

 

[pbosgraaf]

There have been clarifications to what felons can be representative payees and which ones can't.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0200502133 (tried to make this a link but was unsuccessful)

You stated that your child just got out of a behavioral facility but didn't say how long she had been in there or why she went there so there are important details missing from this story. You also said your mother was named as payee, but didn't say what she was doing with the money.

If SSA will not let you be payee and you can't work with your mother as payee, and you have custody of the child, then you should contact a bonded payee agency who will set up a budget and pay some of the household bills and some of the child's own bills which may just include that $4000 deductible.

I spent about 30 mins answering this last night then when I hit submit it went back to login and did not save any of it, I am getting ready to go back to social security with the advice you guys have given, but I still have more issues with my mom and daughter so I will definitely give you more details in a bit

 

[pbosgraaf]

Update

ok so we went back to SSA, I printed out the page with the rules on convicted felons, we finally got a good SSA agent, he said they got new management and they said anyone with a felony they will not let be a rep payee, it made me feel like each office can make their own rules? Anyway I just pu tit in my wifes name and the SSA agent seemed to be putting it in her name so everything should be ok now. We will find out in about 10 days. It seems to be you just have to keep going back to SSA until you get someone who wants to be helpful.