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Minor children's rights to SSA benefits

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C

cruzinbluz

Guest
What is the name of your state? AZ

My sister passed away 15 years ago leaving two minor children who are now 18 and 19 years old. They just discovered that their father had been rec'ing Social Sec benefits of approx 2,000 per month. They were told there were no benefits.

What if any rights do the children have to this money? They were both made to move out of the house at age 18. Prior to that they had to buy their own food, clothing, etc. even though living with their father and step-mother.
 


I AM ALWAYS LIABLE

Senior Member
cruzinbluz said:
What is the name of your state? AZ

My sister passed away 15 years ago leaving two minor children who are now 18 and 19 years old. They just discovered that their father had been rec'ing Social Sec benefits of approx 2,000 per month. They were told there were no benefits.

What if any rights do the children have to this money? They were both made to move out of the house at age 18. Prior to that they had to buy their own food, clothing, etc. even though living with their father and step-mother.
My response:

First, the teenagers will have to contact the SSA to find out in whose names the checks were written. However, it sounds to me that they were given food, shelter and clothing throughout their lives, or they would obviously be dead by now. So, when the kids were 3 and 4 years old, for example, it's highly doubtful "that they had to buy their own food, clothing, etc. even though living with their father and step-mother."

If the checks were made payable to their father, then he had every right to cash them, and to use the money as he saw fit. There is no law that says their father had to use every penny on the children - - just as long as they had all of their "necessities of life" throughout their lives - - food, clothing, shelter, medical care, etc.

IAAL
 
A

A.J.HASEK

Guest
my sons mom is disabled and i get a ssi check for him every month and was told by the ssa that the money was for the welfare of my son food ,clothes ect. i was told by them that is was to help raise my son and i was also told by them not to be taking the money and putting in a savings account for my son because they the ssa could come and take the money back because i must not need any help raising my son. so i get school clothes food and whatever we might need that month. if the father was receiving ssi checks for the kids it was to help raise them till they are 18 so i do not see anything wrong
 
C

cruzinbluz

Guest
Thank you for your rersponses. Yes, I assumed that was the case and the children were well cared for until they were 16 or so.

It's just disheartening to me that they did not receive the benefit of that money during their teenage years and no provisions were made for their higher education.
 

I AM ALWAYS LIABLE

Senior Member
cruzinbluz said:
It's just disheartening to me that they did not receive the benefit of that money during their teenage years and no provisions were made for their higher education.
My response:

Your response is confusing.

1. Did the boys NOT receive "shelter" while they were growing up?

2. Did the boys NOT receive "food" while they were growing up?

3. Did the boys NOT receive "medical care" while they were growing up?

4. Did the boys NOT receive "clothing" while they were growing up?

If no to any of these items, then who provided for them?

IAAL
 
K

knorris

Guest
I also receive ssi for my two daughters do to the death of their father 2 years ago, and went through a period of time were one daughter thought that because the check had mine and her name on it, that it was suppose to be handed to her every
month, so one day I took her with me to the ss office and told them what my daughter beleived and they were quick to tell her that the money was intended to provide food, clothing and shelter. unlike A.J HASEK I was told that I was to maintane a savings account and every year I do a annual report and submit the amount I have placed in savings for that year, I also at the suggestion of my father set up a checking account that only the ssi check is deposited into and this helps keep an accurite record of what the money is being spent on, and I have no problems. two many children think because someone is giving someone else money because of them, that they should receive every dime to do with as they will never taken into the consideration of how much it cost to feed, clothe and shelter a child. not to mention all the extras that we all want to give to our kids to make sure their lifes are happy
 
C

cruzinbluz

Guest
>1. Did the boys NOT receive "shelter" while they were growing >up?
>
>2. Did the boys NOT receive "food" while they were growing up?
>
>3. Did the boys NOT receive "medical care" while they were >growing up?
>
>4. Did the boys NOT receive "clothing" while they were growing >up?
>
>If no to any of these items, then who provided for them?

The answer to the above questions is yes, until age 16. From age 16 - 18 they were required to pay for their own food, clothing and rent. Medical care was provided through their fathers job.

Both children were also required to leave the home the month of their eighteenth birthday. In the case of my nephew he left prior to turning 18 and the ssi checks continued to go to his father.

I realize this is all water under the bridge at this point - perhaps if the children had pursued it at age 16 they may have been able to ensure the money was spent as intended.
 

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