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Message |
    
buckie
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, November 22, 2001 - 8:34 am: | 
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Hello
my son got appoved for ssi his case worker called and said there is 10
months back pay she said it had to be put in a bank in a dedicated
account and can only be used for personal needs but can not be used for
food, clothing, shelter what does personal needs mean. If I get
anything out of this account I have to call and ask.
Reply by Paul
There follows the BASIC regulations on dedicated accounts. Don't you
dare rely on this, and only this, to consider yourself protected. What
you do with that money, and how you document it, involves a lot of
hazard for you. Be very careful, do what you are told, and document
everything. If what you are told seems incorrect, get an attorney:
(2)
A representative payee shall use dedicated account funds, whether
deposited on a mandatory or permissive basis (as described in §
416.546), for the benefit of the child and only for the following
allowable expenses--
(i) Medical treatment and education or job skills training;
(ii)
If related to the child's impairment(s), personal needs assistance;
special equipment; housing modification; and therapy or rehabilitation;
or
(iii) Other items and services related to the child's
impairment(s) that we determine to be appropriate. The representative
payee must explain why or how the other item or service relates to the
impairment(s) of the child.
(3) Representative payees must keep
records and receipts of all deposits to and expenditures from dedicated
accounts, and must submit these records to us upon our request, as
explained in §§ 416.635 and 416.665.
(4) The use of funds from a
dedicated account in any manner not authorized by this section
constitutes a misapplication of benefits. These misapplied benefits are
not an overpayment as defined in § 416.537; however, if we determine
that a representative payee knowingly misapplied funds in a dedicated
account, that representative payee shall be liable to us in an amount
equal to the total amount of the misapplied funds.
\TITLE
20--EMPLOYEES' BENEFITS\CHAPTER III--SOCIAL SECURITY
ADMINISTRATION\PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED\SUBPART F--REPRESENTATIVE PAYMENT\§ 416.640 Use of
benefit payments. [20 CFR SEC 416.640]\Current through January 1, 2001;
65 FR 83289\ |
AGNES M KNIGHT
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, April 17, 2002 - 11:15 am: |
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I am in charge of ssi payments for my brother-in-law he .is 51yrs.old
and is mently retarted.he is very smart about his money.can he have
cash to spend as he pleases or must we keep records of every penny he
spend .He is wanting to buy some fishing things,and he doesnt want me
to tell him he cannot buy certain things.does he have the right to buy
whatever he wants with the spending cash i give give him.HE has recived
a back payment with which I will be buying a large camper to put on my
property and maybe a truck. for transportation.After that is bought
must I get a saving account or can he buy things for fishing which he
likes to do a lot.I have a garden he wants to buy things for can he
also do that. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, April 19, 2002 - 4:54 am: |
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You take on a big responsibility as a representative payee. You are
subject to having an accounting done at any time. I would suggest
opening a bank account and using the checks to document every single
item you spend, identifying on the check what it is for. The burden is
on you to document that it was spent for his benefit, and if you cannot
prove where that dollar went, you might have to pay back that dollar.
This is true even if the dollar actually went to his benefit. |
Sally
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, July 19, 2002 - 3:11 am: |
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I was woundering if someone getting my checkes for me and has to cash
my checks for me would there be any way that we could change the person
who does that because the checks say Pay to my grandma for me and I am
never seeing any of the money half my bills arn't getting paid because
of it and she tries telling me that I spent the money when I know that
I haven't and I don't know what I can do Can someone help me please
thank you bye email me if you like or have any suggestions |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, July 20, 2002 - 11:13 am: |
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Sally: Yes, there is a way. Find a responsible person who could handle
this, and take them down to the Social Security Administration with
you. Ask to have your represntative payee changed, and tell them what
your current payee is doing wrong.
You might be able to claim back any money that was not spent on you.
If you become able to handle your own money, tell them that and ask for a form they have that you can take to your doctor. |
Sheri Man
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, June 21, 2002 - 6:39 am: |
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While my son was in state care they got him SSI benifits. He was
returned home on 8/01/2001, however I was not told of the benifits till
2/4/2002. The state is holding a large sum of money for him and they
requested that I take he nessasary steps to become the payee for him
and to open a seprate account for this money to be placed in. My
question is how long can a ssi representative hold his funds? The
worker just says he has got a lot of papers piled up on his
desk...hasn't had time. I have called his supervisior, and our state
capital in regards to this matter and still nothing? What can I do
next? also He says I am not allowed to use this money-(without his
approval) and we are now losing our home due to lose of income it seems
to me that if they would have been doing there job correctly and got
his payments to him in the first place I would be a lottle better off
in caring for his needs. I do not understand why this is not concidered
for any reimbursment since a lot of the money that was spent was loaned
to me so I could make sure he had what he needed for all those months! |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, July 17, 2002 - 6:01 am: |
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This is a very tricky question that I am not willing to answer. You
should talk to a local attorney who is familiar with the entire
situation. |
cody baker
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, February 15, 2003 - 4:36 pm: |
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i am 23 years old when i was 11 there was a class action suit called
the zebly fund my gaurden at the time took the first check of 40
thousend dollers and the reseits where to be sent back to proov the
money was spent for my best interest when receits for cars and guns
where sent back all paments where stoped this person is on probashion
for invester fraud is there some way to get me what i am intitled to i
was 11 when this happend or at least punish him for his wrong doing |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, February 19, 2003 - 6:15 am: |
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That is a good question. You can probably sue him in a state court, but
that will do you little good if he has no assets. That process depends
on the law of your particular state, and you must check with a good
local lawyer to find out what you can do in that regard; and one thing
that is clear is that where money is being misspent the injured party
should act immediately, before the money is spent, if possible.
I
am not sure what you can do through the Social Security system. Perhaps
I should know but I do not. You should certainly talk to a Social
Security attorney about it. You will need a good one; this is a
difficult process. I have heard that if you can show that the
Administration was negligent, you might be able to get some of the
money back from them, but I do not know much about this process, and
have never tried this myself. |
Barbara Salisbury
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, November 21, 2002 - 2:18 pm: |
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I know a person who is about 50 years old and is on SSDI. She works
part time and she is married.She just inherited some money from her
mothers trust and she is spending the money foolishly. She inherited
about 20,000.00 and she told me about the new TV she bought for
$2000.00. My question is, can someone be the guardian of her money
because she is just going to go thru this money so fast.
I forgot to mention she is mildly retarded and has a big problem with perception
Thanks for any info.
Sunny |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, November 24, 2002 - 7:18 am: |
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There are two approaches that might be taken.
As
to the Social Security check, anyone can apply to be this lady's
representative payee. But whoever applies will have to have evidence
that she cannot handle her Social Security money properly; and it is a
big responsibility to take on the check.
As to the rest of
her money, you should consult an attorney who knows the law of the
state in which this lady lives. All states have some sort of procedure
under which the court can appoint someone to manage money for a person
who is incompetent do do so for himself.
Bear in mind that foolish is not incompetent.
And
that, though law varies by state, and to oversimplify a lot, a person
who touches the money of an incompetent bears a heavy burden to account
for every penny spent for long periods of time. |
dividuals
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, January 19, 2003 - 2:47 am: |
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My 12 year old child lost his benefits 2 years ago because they claimed
there was not enough information. I did an appeal which the local
office said they never received so his benefits were terminated. I am
also disabled on SSI as is my oldest child. Both children are
Mentally/Emotionally Challanged. Finally when I moved to SC in Feb of
2002, two years after losing everything I owned when a landlord put it
to the road because I didn't move it out of the house we lost fast
enough. I am told that he was owed back funds for the last two years
that I cared for him with my own SSI funds hopping from roomate to
roomate because I could not afford my own furnishings and could not get
the kind of housing I need with a very loud and destructive emotionally
challanged child (ADHD)& Aspergers. When I get the funds deposited
into a "dedicated account" I am told in the little handout they give
you that basicly I cannot use these funds to replace any of our
clothing, furnishings, personal items etc because it is to be used for
medical/theraputic/educational items only. This is an EMOTIONALLY
CHALLANGED child, he does not need therapy or medical things that are
not covered by medicaid, he needs things that a child who cant enjoy
the world like other kids needs to keep occupied, He needs new
clothing, furniature and recreation items now that we have a home!!.
The one who paid for all his needs while he was without benefits was
myself and now that they repay the benefits he SHOULD have been getting
before they are untouchable by the one who paid for his needs??? Now I
must go to SSI Jan 23 2003 and bow down to missapplied funds charges
because I did take that money and bought him new clothes, bedding,
beds, a washer/dryer, stove, fridge, microwave, Xmas gifts, down
payment on a car and repaird a car for someone after he put sand in the
gastank and radiator. These are not qualified expenses to take from a
dedicated account where his back due funds were deposited. When does a
*parent* have the right to care for their child or at least qualify for
the Self Reimbursment clause in the handout?? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, February 25, 2003 - 8:27 pm: |
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dividuals: Here's the law, which, as you point out, you ignore at your
peril. There might or might not be ways to be excused from a
misapplication of the money; you should consult an attorney about it,
and a good one.
(2) A representative payee shall use
dedicated account funds, whether deposited on a mandatory or permissive
basis (as described in § 416.546), for the benefit of the child and
only for the following allowable expenses--
(i) Medical treatment and education or job skills training;
(ii)
If related to the child's impairment(s), personal needs assistance;
special equipment; housing modification; and therapy or rehabilitation;
or
(iii) Other items and services related to the child's
impairment(s) that we determine to be appropriate. The representative
payee must explain why or how the other item or service relates to the
impairment(s) of the child.
(3) Representative payees must keep
records and receipts of all deposits to and expenditures from dedicated
accounts, and must submit these records to us upon our request, as
explained in §§ 416.635 and 416.665.
(4) The use of funds from a
dedicated account in any manner not authorized by this section
constitutes a misapplication of benefits. These misapplied benefits are
not an overpayment as defined in § 416.537; however, if we determine
that a representative payee knowingly misapplied funds in a dedicated
account, that representative payee shall be liable to us in an amount
equal to the total amount of the misapplied funds.
\TITLE
20--EMPLOYEES' BENEFITS\CHAPTER III--SOCIAL SECURITY
ADMINISTRATION\PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED\SUBPART F--REPRESENTATIVE PAYMENT\§ 416.640 Use of
benefit payments. [20 CFR SEC 416.640]\Current through December 3,
2002; 67 FR 71903\ |
Martha
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, November 05, 2003 - 1:01 pm: |
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If a spouse is mentally incapable of managing benefit payments, and the
other spouse is physically disabled but able to direct the benefit
payments, will social security allow the spouse who is not mentally
incapable be the payee representative even though that spouse is
physically disabled? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, April 28, 2004 - 2:06 pm: |
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Martha: Sure, no problem. |
Jack Kinner
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, August 24, 2004 - 1:47 pm: |
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I
am a representative payee for my brother who draws ssi disability. I
live about 100 miles from where he lives. All of his housing,utilities,
and insurance bills come to my address and I pay them ever month. After
i pay these bills he has about $200 left for food. Since I live so far
away I write a check for food and I send him this check by mail. Am I
doing the right thing. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 792
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, September 04, 2004 - 8:46 am: |
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You
are responsible to be sure that the check is spent on the right things.
If he is likely to spend it on something he shouldn't, you shouldn't
send him the check. You almost certainly have some duty to be sure he
is spending it on what he should. It's tough being a representative
payee. |
Mary Willis (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, May 24, 2005 - 5:53 am: |
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I
am representative payee for my son who receives ssdi. My son has
schizophrenia. At times he seems perfectly normal. At times he is
completely unable to care for himself. He lives in a very small town
where there is absolutely no entertainment. Since he cannot be expected
to sit and stare at the four walls all day long, he goes with friends
to the nearest town which is 30 miles away, to the mall, movie theater,
and restaurants. He receives an allowance of $50 each week. He insists
this is not enough money. SSA says as long as his food, housing,
clothing, and medical expenses are paid, anything he spends over these
expenses is ok. I have noticed lately that he has been hanging out with
some pretty undesirable characters. I believe their relationship may be
drug related. Is it my responsibility to stop his allowance, or should
I continue giving him his allowance so he can spend it anyway he
pleases? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1204
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, May 29, 2005 - 4:22 pm: |
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The
whole idea of a representative payee is that since he does not know how
to spend money wisely, they give the money to you to make spending
decisions. If you just hand it to him, you are not doing the job you
were appointed to do. |
Henry G. (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, June 26, 2005 - 7:20 pm: |
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Warning
for adult beneficiaries who have a representative payee: If you ever
call on your own to respond to a letter from the SSA, the SSA might ask
you if you still need a representative payee. If you say that you do
not, the SSA will likely do a full-scale review to see if you still
need a representative payee (and to see if your condition is still
disabling). |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, July 16, 2005 - 5:00 pm: |
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My
husband was found disabled for physical reasons two years under V.A.
Disability. He has now been diagnosed with an Alzheimer's-like disease
and has been approved for disability through S.S. (meaning we will lose
the V.A. because it is income generated). I received papers today from
s.s. stating that Ed would have to have me as a representative payee
because of him having dementia. Apparently this means we can no longer
have a joint bank account. Now...since Ed has been my sole support for
20-plus years and now every penny of his disability must be spent or
saved for him exclusively how do I get money to pay for my own doctor
or dentist or to even buy a pair of shoes? I cannot go to work as I am
his at-home caregiver. He cannot be left alone. I don't understand how
they can take away my source of income (which translates to sharing his
income). Is there anyway some of his monthly income can be designated
for my personal use?
Thank you,
Linda |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1341
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, August 02, 2005 - 9:40 am: |
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I
am sorry to say that I am stumped by your most important question; it
would take me more time to research the answer than I can afford to
give at this point. You must do something about this immediately. I do
not state, but suggest as a possiblity, that you might charge him a
fair amount for your services to him? Sit down with a lawyer who can
research ideas like this and get definitive answers. Be careful. Take
care. |
Steve Wexler (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, July 30, 2005 - 3:15 pm: |
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My
girlfriend is deaf and collects ssd for herself and 2 young children.
Her soon to be x-husband was able to get the payee changed for himself
for the kids ssd checks. He is not disabled. Is this right? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1349
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, August 02, 2005 - 12:15 pm: |
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Maybe.
Imagine that one parent is disabled and irresponsible, and the other is
neither. The Administration is supposed to pay the children's check to
a responsible person.
The Administration tends to pay the
check to the person with whom the children live. This tends to make
sense since that person is almost certainly incurring the expenses of
raising the child. In special circumstances, you can argue that this is
not appropriate; for example where that person can handle children but
not money, or where there is a history of abuse of entrusted money.
You
can fight the question of who gets is the representative payee before
the Administration, just like you can fight the question of disability.
(Message edited by admin on August 02, 2005) |
pacoletrn (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, July 25, 2005 - 7:14 pm: |
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I
know a man whose child rec'd benifits from his disibilty for over 10 to
15 years. He put 10 out of 12 months worth of checks in the bank( in a
collage fund ugma) . For the last 1.5 years she has lived with her
mother and he kept the money. The father now will not give the daughter
the money from the collage fund which came from the diability cheaks.
My question is can he keep the money from her? the other is if she
can't get that money then can the mother go back and get amount from
the time she moved in with her? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1350
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, August 02, 2005 - 12:33 pm: |
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I am sorry, I cannot at all answer this question; I only raise further questions, and suggest that you get a local lawyer.
The
representative payee is obliged to spend the money on the child. But
let's say, for example, he spent $200 a month out of his pocket to care
for the daughter, and then put her $200 check in a bank account. Is
that money his or hers?
Then there is the question of
whether, if he put money in a UGMA, that is, the Uniform Gifts to
Minors Act account, he loses control of the money. I cannot answer that
question.
As for the time after the child moved out, again it
is possible that he spent the amount of the check on her every month,
but unlikely.
Getting the past paid money out of him or the
Administration in this sort of case is a frustrating task. You are
often more likely to get help from state courts, if you can find a way
to get into one. Ask a local lawyer.
As to any future checks,
of course you should ask the Administration to change the
representative payee, based on his poor handling of the money to date.
(Message edited by admin on August 02, 2005) |
tionna thomas (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, August 24, 2005 - 8:02 am: |
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can a representative payee (the mother) for a child use some of the money out the dedicated account for car repair. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1519
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, September 24, 2005 - 10:06 pm: |
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I am not sure. |
Angela Fay Beaver (Abeaver)
New member
Username: Abeaver
Post Number: 1
Registered: 10-2005
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, October 22, 2005 - 7:55 pm: |
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