General AdviceLegal

Concerns Over Son Not Receiving a Share of SSA Benefits

My 15 yr old son receives SSA, his payee allowed him to move out of her home and collected his benefits never giving him a dime for a year. I reported her to Social Security.


A claim rep made the decision to allow her to stay the payee because she agreed to give the parent caring for my son some of the money. The payee gets to keep $600 for herself and give the person who my son lives with $500. I was told because my son's payee is his legal guardian and she enrolls him in school she gets to keep whatever money she wants and do nothing for my son. She collected $1,100 for a year never giving any money to pay for my son's care. Is there anything else I can do?


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August 22, 20110 found this helpful

This sounds strange. I would appeal to higher authorities at Social Security.

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August 22, 20110 found this helpful

I don't understand. If you are his parent, why are you not the legal guardian?


Or why is the other parent not his legal guardian.

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August 22, 20110 found this helpful

You will need to file for an administrative hearing regarding your son's retro benefits and you will also need to have an Administrative Law Judge determine why the Legal Guardian should keep your sons money if he is not living with the legal guardian. You can go to and file for the appropriate forms. You need to have an Administrative Law Judge, not a claims representative tell you how the money should be appropriated.

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August 22, 20110 found this helpful

I also would like to know why you aren't the legal guardian of your own child. The only way someone else can have legal guardianship is if you voluntarily gave the permission or the authorities took your son away from you and either way there were court proceedings in front of a judge to order it.


There's more to this story and/or you are not understanding something correctly. Legal guardians who receive SSA payments on behalf of a child must report quarterly what the money is spent for including proof by copies of receipts. The fact that the guardian is giving someone else a portion of the money means the rest of the money is being spent on the boy by the guardian and is proven via receipts.

My thought is that what the guardian is allowed to keep is because it's being spent for things like schooling, school supplies, clothing, medical, extra curricular activies, etc. The reason I know the guardian is on the up and up is because I was once a guardian for my Goddaughter and Social Security keeps a very close eye on how the money for her was spent.

My advice is to leave well enough alone by staying out of it or go to the proper court and see if you can regain custody of your child. Social Security must have been given enough proof to not order the entire check be given to the people who your son currently lives with.


By the way, not a penny of the money needs to be given personally to your son because the money is for expenses to cloth, house, feed, medical expenses, etc. and those things are expensive and cost more than what is allotted by SSA. It is not 'his' money.

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August 22, 20110 found this helpful

Do you have a Legal Aid Society or the equivalent in your neck of the woods? They helped us quite a bit.

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