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Can a minor change their payee for SSI?

Somerset, KY |
Filed under: Estate planning

I will be 17 years old very soon. My mother is my payee and I moved out months ago. I have no car so I have my boyfriend drive me to and from school, she refuses to give any gas money or any spending money period. She just uses MY money on herself and her boyfriend, who is on drugs. She has set aside no money for me and wont even go with me to open a bank account. Is there a way I can become my own payee or get my payee switched so that the money is used in my best interest?

Attorney Answers 2

Posted

The Social Security Administration requires the appointment of a representative payee when benefits are paid to a minor or to a mentally disabled person. Social Security requires the representative payee to file an annual accounting form describing how the beneficiary's benefits were spent. The accounting form is sent by Social Security to the representative payee every year.Your mother should ahve fileld out an annual account and returned it to Social Security during every year that she recieved your checks as repreentative payee.

As a minor, you are not allowed under the Social Security law to directly receive the monthly benefit check. However, if your mother is using your benefit money for herself or others, and not for you, she can be investigated by the Social Security Adminsitration, and it can demand that she pay back the money she used and did not spend on you or for your support.

I suggest that you go personally to the nearest Social Security office to discuss your concerns directly with a claims representative. I am concerned that simply calling Social Security's "800" number will not get prompt attention. Meeting in person with a claims representative may get your concern some imemdiate attention and the start of a prompt investigation of your mother's annual reports as representative payee, and to have Social Security request documetnation to confirm that she used your SSI cehcks for your support.

You will need to have another member of your family appointed representative payee for your benefits in substitute for your mother until you turn 18.

When you turn age 18, and if your SSI benefits continue after your 18th birthday, you can then recieve the benefit checks wihtout the need for a representaive payee. Make sure you contact Social Security when you have your 18th birthday and request that your future checks be sent to you.

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Posted

The Social Security Administration requires the appointment of a representative payee when benefits are paid to a minor or to a mentally disabled person. Social Security requires the representative payee to file an annual accounting form describing how the beneficiary's benefits were spent. The accounting form is sent by Social Security to the representative payee every year.Your mother should ahve fileld out an annual account and returned it to Social Security during every year that she recieved your checks as repreentative payee.

As a minor, you are not allowed under the Social Security law to directly receive the monthly benefit check. However, if your mother is using your benefit money for herself or others, and not for you, she can be investigated by the Social Security Adminsitration, and it can demand that she pay back the money she used and did not spend on you or for your support.

I suggest that you go personally to the nearest Social Security office to discuss your concerns directly with a claims representative. I am concerned that simply calling Social Security's "800" number will not get prompt attention. Meeting in person with a claims representative may get your concern some imemdiate attention and the start of a prompt investigation of your mother's annual reports as representative payee, and to have Social Security request documetnation to confirm that she used your SSI cehcks for your support.

You will need to have another member of your family appointed representative payee for your benefits in substitute for your mother until you turn 18.

When you turn age 18, and if your SSI benefits continue after your 18th birthday, you can then recieve the benefit checks wihtout the need for a representaive payee. Make sure you contact Social Security when you have your 18th birthday and request that your future checks be sent to you.

Mark as helpful

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