Social Security Survivor Benefits and High School Student

I have an 18 year old nephew in-law whose father passed away 3 yrs ago. His biological step brother and sister-in-law went to court and my sister received guardianship. My brother-in-law was very sick and could not retain guardianship. He has passed on. The nephew is now 18, but still has a year of high school left. Funds where cut off in June. Social Security says they can start back when proof is shown he is enrolled in school for 13 weeks. The check comes in his name and it's deposited in his account. Then certain bills for his personal care are taken from his check. Then the remaining funds are left for him. He is now trying to move out of the house because he is 18 years old and thinks the check should go to him. Would this be legal in the state of Texas? The check is for the guardian to take care of him. Correct?

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September 10, 20180 found this helpful

He can get the checks if he is in high school up to 19. Usually his guardian gets the check. Social Security makes the decisions who gets the check

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September 15, 20180 found this helpful

Questions about Social Security benefits are difficult to answer because every case is different and of course, we do not know all of the facts about the situation.

  • Social Security benefits are federal government and are generally the same everywhere.
  • The money should stay in the hands of the guardian for his overall care and expenses. If the funds are being handled as you state then it would seem everything is being done according to SS rules.
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  • Does the nephew feel that he is not receiving as much "spending" money as he should?
  • Is he having problems at home that he wishes to move away or does this just appear that he thinks he can live the way he wants if he is getting the full check?
  • Just asking questions that may be asked should he go to SSA to request the check be sent to him alone and no oversee by his guardian.
  • To receive full control of the check he will probably have to prove that he can support himself if he moves away from home. Is this check an amount that he would be able to do that? Does he plan to move in with another relative or a friend so he would not have to pay a full rent payment?
  • Can he show that he will be able to go to school full time until he graduates? Does he realize the check will stop if he does not attend school full time?
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  • Does he know that he will not receive any benefits after he graduates but his living expenses will not stop and he will have to have a way to pay these expenses?
  • I know that someone has probably already tried to explain these things to him but sometimes children will not listen to their relatives (or anyone sometimes).
  • I would suggest the guardian go to the school and talk with his counselor about this situation and ask them for help in explaining all of this to him.
  • They can also go to the SS office and have it put on record what he is wanting to do so it will already be in the system should he talk with them.

All matters dealing with Social Security benefits should be discussed with a representative at your local office so everyone knows they have the right answer for their particular case.

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September 17, 20180 found this helpful

Social Security is very complex. I would contact the Social Security administration directly to get any questions answered, as they are the experts. Their contact info is at this link:

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www.ssa.gov/.../phone.html

They are the experts and can give you the true information for your situation. If you have trouble understanding what they are telling you or need further assistance, I recommend asking your state senator help. I found mine by googling my town and the words state senator. His staff was very helpful and has helped us resolve several situations. The services are free (well...paid for by tax money).

Any time there is money and the government invoked, I go right to the experts!!

Good luck and blessings to your family!

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