Jump to content
Garbageman ex

Guardianship of my own child after death of their dad and Social Security denying me as their representative payee and my child is only 14

Recommended Posts

Hi, and thank you for reading this. I'm so confused as to why I should need to get guardianship of my own child. I moved to Texas in 2014 from Illinois and have only been back there 1 time and that was last year when my only family that I spoke to or had any contact with (my mom) died.

My childs father passed away in January of this year (2019) and I had filed for survivors benefits for my child who is 14 years old through Social Security. The application was for me to become representative payee since my child is a minor and after 4 months they denied me to be the representative payee. They stated they decided it would be best for my child to have their checks sent to another payee. There is no other payee. I'm all my child has. In 14 years, my child has not been around my family or her fathers if there is any. My child has a 1/2 sibling that I heard about years ago, but he is only in his early 20s living in Illinois and doesn't even know us. My child has fees that have to be paid for high school and I was counting on their benefits to help with that since I don't get the child support that was ordered due to the death of the father. I don't know what to do and no one at Social Security will give me any answers as to why they decided as they have. Please someone help me. I'm unemployed and looking for work, and I'm a good mom. I just need to find out where to turn now for help. If you have any questions, feel free to ask and I'll answer honestly. 

Thank you.

 

Share this post


Link to post
Share on other sites

I highly doubt the SSA simply said that "it would be best" for this to happen without any explanation whatsoever.  What reason was given?  What was the custody situation prior to the father's death?

Share this post


Link to post
Share on other sites

The checks haven't gone to anyone yet as far as I know from what i am being told. And no we were not married...just lived together for 10yrs raising our child until his drinking and his using me as a punching bag almost caused me to lose my child to the state of Illinois. 

Share this post


Link to post
Share on other sites

PayrollHRGuy...I have called both numbers and have gotten no answers. I waited on hold forn1 hour to be told that they would have the local office call me and talk to me. The local office when I called had a female worker answer and she proceeded to try to tell me that my child put in an application to be their own payee. Lolol. I was beyond done. I mentioned that the child we were discussing is only 14yrs old and the worker had nothing more to say and the call ended.  I just can't understand what's going on.  We have no one else that we've been in contact with family wise in years. My father is a pedophile that I wouldn't allow to know my child. My brother is gonna keep doing time in prison on installments for the rest of his life, and my sister has all boys. 5 from what I understand and no time for them with her depression.  So, there really isn't another payee they can use. We have no contact with my family and they don't know my child. If theres anyone on the fathers side, I don't know, except I was told by him years ago that he had a son with an ex. Never met him and never will.         pg1067...I had custody of my child when he died. He lived in Illinois and we did not. 

Share this post


Link to post
Share on other sites

Has the paternity of the child's father been established?

 

Is there something you are not telling us?  For instance, a criminal or mental health history that could be used against you?  It is not unusual to require a pay to be required to be appointed as payee since it brings the payee under the jurisdiction of the local court's if the payee does not use the funds for the support of the child.

Share this post


Link to post
Share on other sites

I've been to the office, as its 2 minutes from my house walking distance. Can't get past security guard no matter what I do or say. I've gone over everything that could possibly stop someone from being representative payee and theres no reason for them to deny me. The thing that kills me is that the worker on the phone told me my child went in and filed to be their own payee. That's not possible. They are only 14yrs old and didn't even know that they had a social security number until like 2 days ago. But when I told the worker that my child couldn't have done this, they got quiet and hung up on me

Share this post


Link to post
Share on other sites

The social security administration and the courts have no control over spending of benefits in the case of custodial parent/minor child situations. I just read that on their representative payee system information this morning. There's quite a bit that changed it seems and even if I were a criminal I could still be my child's payee according to the law.

Share this post


Link to post
Share on other sites

From the SSA Faq's:

 

A representative payee (payee) manages benefit payments for our beneficiaries who are incapable of managing their Social Security or Supplemental Security Income (SSI) payments. Social Security law and regulations require payees to use the payments they receive for the current needs of the beneficiary and in their best interests. While serving as a representative payee, we encourage you to go beyond just managing payments and be actively involved in the beneficiary’s life. The following lists the required duties of a payee.

Required Duties:

Determine the beneficiary’s needs and use his or her payments to meet those needs;

Save any money left after meeting the beneficiary’s current needs in an interest bearing account or savings bonds for the beneficiary's future needs;

Report any changes or events which could affect the beneficiary's eligibility for payments;

Keep records of all payments received and how you spent and saved them;

Provide all records of how payments are spent or saved to SSA upon request;

Report to SSA any changes that would affect your performance or your continuing as payee;

Complete reports accounting for your use of payments, as required;

Return to SSA any payments to which the beneficiary is not entitled; and

Return to SSA any payments saved when you are no longer the representative payee for the beneficiary.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...