SSI for a minor

mwohlsen · Joined: 07 Nov 2007 Posts: 33 Location: Lancaster, PA

Back in Feb 08 I took an SSI case for a minor. The cover page of the Notice of Disapproved Claim said B.M. for J.R. and then listed their address (typical for a denial ltr of a minor). B.M (the adult I met with) told me she had guardianship over J.R. b/c J.R.'s mom couldn't care for her. So, I filed the appeal for J.R. and B.M. signed my fee agreement.

Question- who hired me, the minor or the guardian? I feel silly asking that question but here is why I ask it... mom of J.R. calls me today... mom lives in Baltimore... mom tells me J.R. has been living in Baltimore for 2 months... mom wants help transferring J.R.'s file from Harrisburg to Baltimore.

Obviously I need to call B.M. and find out what has happened and why J.R. is now w/ mom and if this is permanent like mom says... do I help mom transfer the file to Baltimore? Can the claim be amended to show mom on behalf of J.R. instead of B.M. on behalf of J.R.? Is it that simple b/c the Claimant hasn't changed... just the parent/guardian...

If my client is B.M., is she entitled to a portion of the back benefits when J.R. was living w/ her? What happens to me? Does mom decide if I stay on board (if I decide I can travel to Baltimore)?

Thanks for any info. you might have or cites I should read...

mwohlsen · Joined: 07 Nov 2007 Posts: 33 Location: Lancaster, PA

maybe someone can answer this for me... if BM files a claim for SSI on behalf of minor JR, can anyone besides BM or BM/JR's attorney put in a request for JR's file to be transferred to a different ODAR?

Guest · Posted: Wed May 21, 2008 11:54 pm Post subject:

Mom needs to go to her local office to convince them she actually does have custody. Taking the child with her to the office helps. Then the office can notify ODAR of the change in address and custody.

Unable to address the rest of your concerns.

rbourne3 · Joined: 14 May 2004 Posts: 135 Location: North Florida

Custody of the child trumps all. If mom has custody BM has no standing. If dismissed, you can file a fee petition for your work. BM is entitled to no money. In fact if the child comes to live with me, all the money will come to me - on the child's behalf - and neither BM nor mom will receive any money.

username · Guest

I was under the impression that the money would go to whoever was the representative payee. I was also under the impression that the representative payee was not automatically the parent with which the child resides. I may be wrong on all point and probably am, but it is my belief that BM signed the fee agreement she did so as next friend of the minor child and the rest doesn't really matter. Basically, you represent the child until his next friend, whoever that is now, fires you.

Guest · Posted: Fri May 23, 2008 12:18 am Post subject:

If the case is an allowance, the money belongs to the child. In most circumstances, whoever has the child in their custody will be appointed rep payee and be given the funds to dispense on the childs behalf. There would have to be extraordinary reasons to not send the money to the parent with custody, rare and unusual, and quite unlikely. SSA does not send the money to whoever filed the claim no matter what has transpired since the claim was filed.

Remember, large retroactive SSI benefits for minors are restricted as to how the funds are used.