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Receiving Social Security Survivor Benefits

My daughter had over $29,000 in back survivors Social Security benefits due to her. Even though she was less than 3 1/2 months away from turning 18, they still said she needed a payee. I was no longer able to because of some trouble I had gotten into a few years prior, so we picked a person we thought we could trust and we all agreed to save it for college. This was in 2015.

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She's now 19, and just lately found out that he got the $, but never told her. We found out that he spent a big amount without telling her. When she finally found out this year, he said he didn't tell her since he "borrowed" some of it and wanted to put it back before she found out. But still, gave no figures. She also was suppose to have checks deposited monthly until she was 18 in addition to the $29,000. She has no clue how much or how many. He put his address on it. We asked why right away in the beginning and he said he didn't know and would change it back. But he never did, so he got all the mail with her clueless. She kept asking him why they never sent it yet. Since she found out, I've told him tons of times that she's worried and wants it transferred into a bank account of her own. He always says yeah and then drags it out. Since she's 19, can she go to the bank where he has the account since it would say his name "for" her name? And do you have any suggestions of what we can do about this w/o causing tons of drama or going to court? If she tells the SS office that she just found out about him actually having the $ and still hasn't gotten any of it, if he did indeed spend most, hopefully not all, will he owe that to them? I'm just confused about what to do or how this works. Plus, since she's 19 now and going to a tech school for her GED before attending college full time, shouldn't she still receive those checks even though she's over 18? Please help direct me the best u can:) Thank you! (So sorry about the length!)

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February 4, 20171 found this helpful

He defrauded her. Contact both Social Security and a lawyer. You can contact the Legal Aid Society and they will give you a lawyer. I would contact Social Security first.

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February 4, 20171 found this helpful

call the ss office asap and get an attorney. He has committed a crime. When you get ss for a child, there is a form that you have to complete each year for the ss that tells how you spent the money. It is a federal crime to lie on that form.

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February 5, 20170 found this helpful

I do not believe there is any way you will be able to do anything about this matter without an attorney and that will most likely mean going to court.

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Social Security benefits are usually paid until a child reaches 18 unless they are still in school (full time) to obtain their high school diploma and then benefits can be extended until 19.

Since the benefits were turned over to him (legally) there was probably nothing wrong with him changing the mail to go to his address. But he may have lied about the reason when he changed the address.

He undoubtedly has made several illegal moves with this money but you will probably be opening a very messy case if you go to Social Security or an attorney. Just want you to be forewarned in case this is a family member that you do not want to go to prison or even be legally "punished".

Generally, once you start/report a case like this to SS there is no way you can stop it from being investigated.

It is for sure that he should be punished but you should know all the possibilities before you actually make a move. Also, he may receive "punishment" but if he has no money then you may benefit nothing unless he has a good job that the court can take legal monthly payments.

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