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Ssi Question As To Temporary Custodian


Guest Berta

Question

My ex husband raised his niece as a child and then she and her husband and children lived with him for many many years-

her sons get SSI.

She recently took up with an ex convict- 10-12 years younger then her , who did seven years for stabbing someone-he just got out of jail-

She also brought his brother to my ex husbands house to live- none of them work and my ex husband kicked them all out.

The youngest son came back and is living with my ex now- he has had some sort of temporary custody in the past with these kids.

He never asked to be recepient of the SSI check before but it was a drain on him and he wants to see what can be done as the youngest does not want to go back with his mother who still gets his SSI check.

Question - his SSA office is in a bad part of town- would they possibly be able to interview him by phone for this type of thing and then tell him what he needs to send them?

He will go there if he has too-

but his stress level is high and he thinks the next awful thing to happen is that he will get mugged or something.

The niece is sending him threatening emails also- demanding money- she claims his house is half hers.

And wants her share-the value is $300,000 or more.

He left them all the house in his will years back but is rethinking that- she has no legal documentation whatsoever that his house is hers too.

It is obvious to me that the ex con is probably some jailhouse lawyer looking for a way to get easy cash.

The police are aware of this and advised my ex husband. The ex con has not threatened him yet-

just using the niece to do that.

Thanks for any info on SSI application he needs to make- I found nothing at their web site to answer this question. Berta

Edited by Berta
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Berta

Some of what can be done depends on the age of the children. In theroy they can request that their representative payee be changed to your ex-husband. However if they are under 18 and not blind, then part of the SSI determination is based on the "parents" income. I have two neices with devolpemental disabilities and they only got their SSI when they lived with their mother with a low income. When their father got custody their payments were cancelled. They can reapply at age 18 when their parents income is not longer counted. There are some special rules when the children are not living with a parent, step parent or adapotive parent. See satement of Deeming form SSA site.

Also a representative payee must have a face-to-face interview.

How Do I Apply to be a Representative Payee?

You should contact the SSA office nearest you to apply to be a payee. You must then submit an application, form SSA-11-BK (Request to be selected as payee) and documents to prove your identity. SSA requires that the payee application must be completed in a face-to-face interview (with certain exceptions).

HOW DOES DEEMING WORK FOR A CHILD?

If a child is under age 18, not married, and lives at home with parents who do not receive SSI benefits, we may consider a portion of the parents' income and/or resources as if they were available to the child. We call this deeming.

We make deductions from deemed income for parents and for other children living in the home. After we subtract these deductions, we use the remaining amount to decide if the child meets the SSI income and resource requirements for a monthly benefit.

What Changes or Events Do I Need to Report to SSA?

You must report the following events as soon as possible, by calling SSA at 1-800-772-1213, or contacting your local SSA office. Note that there are additional reporting requirements for SSI beneficiaries at the end of the list.

The beneficiary dies;

The beneficiary moves;

The beneficiary marries;

The beneficiary starts or stops working, even if the earnings are small;

A disabled beneficiary's condition improves;

The beneficiary starts receiving another government benefit, or the amount of that benefit changes;

The beneficiary plans to leave the U.S. for 30 days or more;

The beneficiary is imprisoned for a crime that carries a sentence of over one month;

The beneficiary is committed to an institution by court order for a crime committed because of mental impairment;

Custody of a child beneficiary changes or a child is adopted;

The beneficiary is a child (including a stepchild), and the parents divorce;

You can no longer be payee; or

The beneficiary no longer needs a payee.

Additional events that you must report for SSI beneficiaries:

The beneficiary moves to or from a hospital, nursing home, or other institution;

A married beneficiary separates from his or her spouse, or they begin living together after a separation;

Somebody moves into or out of the beneficiary's household;

The beneficiary has any change in income or resources (i.e., a child's SSI benefit check may change if there are any changes in the family income or resources); or

Resources that exceed $2000.

Hope this helps.

SE

:D

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Guest Jim S.

Doesn't the child under eighteen have to reside with the payee in receipt for the payee to legaly accept the SSI check? Might the Niese be accepting funds under false pretenses. since supposedly the child is supposed to be under her care, which in this instance is not the case.

Another question arises, that since the mother has failed to demand her child return home, isn't she at this moment, in violation of her custodial responsibilities, abandening her child to their Great Uncle to care for.

It may help to document the whyfore the child left her mothers care, prefering the care of the Great Uncle.

If the child is aware of illegal activity going on at his mothers home, which sounds probable, it may be preferable that the child be incouraged to say something, if only to see that his older siblings are not being exposed to or abused as a result of this illegal activity.

Tough love is always a hard pill to swollow, but what could happen in the alternative, can be even more tragic.

Since he has had temporary custody in the past, he may have a sempathetic social worker who may be on his side and could recommenc what he should do. If he tries to get SS to appoint him as the payee in receipt, the mother may demand the childs return and he would have to comply or risk troubles with the police of his own. It is cetainly a can of worms either way.

Jim S. :D

Edited by Jim S.
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Thank you both. He is going to the SSA office next week-

He feels they might even take the children off SSI because the mother has failed to take them to the therapy they need.

What a mess- This man worked hard all of his life to retire with a small next egg and willingly has sheltered and fed this family for years-his niece was his beneficiary-he has had a good relationship with social workers in the past about the kids.

He is a small built guy about 20 pounds more than me- but I think he could take care of himself if the ex con got violent-however he is going to try to call the guy's parole officer too-(he had years in dealing with law enforcement from his profession) -the ex con has NOT done anything yet however- but

since kicking them out he is alone there with the youngest boy and

if drugs are involved- you can never predict what someone on drugs would do---

I am quite concerned for him- he lives over 300 miles away-

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Berta,

I haven't heard from you in a long time. This is Randy Bond, if you remember the guy with the service dog. I remember your daughter, i believe was in the service (??) over seas. How is she doing? Any way Here's my new situation --- My wife walked out on me and my 17 year son (telling me it was my disability and i needed improvement why she was leaving - docket # 06DR29 - Conejos County) AND SHE is trying to get part of my VA compensation and Social Security Disability Insurance for maintenance and she refuses to work. She has 8 years at JC Penneys, 2 years including sign language proficiency at Adams State Ciollege. I have an attorney but don't know where to turn becasue this is a very difficult and complxed case. Please can you assist me here. Berta. You are a wealth of knowledge and this is got me stumped for sure. Please email me at rockhunter439@gmail.com. I would appreciate, I would be easier for me to read the message. Take care ------- ------ Randy

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