Receiving Survivor Benefits

I have a 16 year old son who receives survivor benefits. He is staying with his grandpa while going to school. I send him money every month to live on. I have been saving money in his savings account since he has been gone, can he sue me for that?


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February 5, 20170 found this helpful
Best Answer

SS is supposed to go to the person who is raising the child, for the care of that child. If you are not spending it all for his upkeep, then you are in in trouble. But, if you are spending some on his insurance, some to send to him, some for his school expenses. If you are going to be giving him what is in the savings, you are probably ok. They will ask if he is getting proper food, clothing and such provided where he is living. If he isn't, and you are using the money to pay your expenses, they you are in violation.

My friend received money for her daughter, yet her daughter lived with her grandma for school, so that she could be in a better school district (she had been bullied at her local school, so they moved her).


She continued to get her daughters check. However, with the money from that check, she paid for all her daughters school expenses, health insurance, school lunches, clothing....her Grandma had no expenses for housing her as the mom was still providing all that-from her ss check. She told the ss office what was going on and due to the fact she could account for every cent of the money and the fact there was a police report of the bullying, they were fine with it.


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February 6, 20170 found this helpful

You need to account for every penny SSI has given you. There is a report that needs to be filed every few months. If you have it in a savings account, and it should have gone to you, they can take it from you.

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February 7, 20170 found this helpful

Thank You for the reply! I turn in the paperwork whenever I receive it.

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November 2, 20180 found this helpful

I have a son that had a step sister an they spilt the amount between the to of them well when she turned 18 wasnt her amount surpose to went to my son cause his amount has never changed over the years

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February 7, 20170 found this helpful

It seems possible that something has happened to cause you to ask this question and you need to understand that anyone here can only offer general advice.


You really need to find out what you have to legally do to get this straightened out and probably ASAP. Hopefully, you can afford an attorney as you probably already know you are going to need one.

The Social Security office can tell you about what needs to be done now but no one in that office can answer the question you are asking as legal information/advice is not in their job description or ever should be. But - they most likely will make a note of your comments and may stop all benefits until someone makes a new application and that someone will have to prove they have the right to collect benefits for your son. It may be possible that your son can make the application and receive the benefits in his name.

Whatever steps you decide to take you will need a lot of records showing how much money you sent for his care and also who did you send it to. None of this money was ever meant for you unless you were using it to take care of your son.


The other question is; how long has this been going on and did you also receive a check in addition to the check for your son?

I really believe you need legal advice from someone who will ask all the necessary questions and possibly help keep you from anymore wrong doings (?) as well as advise you when/if whatever is going on really happens.

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