My son lives with his two elderly grandmothers and his father, and was recently approved for Disability benefits. His father is a habitual drug user and has been for 15 years or more. He has been in trouble with the law including DUI, and was in a wreck where he was high. He also frequently steels money and pawns merchandise that belongs to his mother and great grandmother. He recently (3-4 months ago) pawned my sons brand new laptop that I bought him, and I had to get it out of pawn. These are just a drop in the bucket to the issues we have had.
SSI just made my sons dad his payee. How do I go about fighting this? I would be fine with either of his grandmothers being his payee! But, not his dad. What can I do legally? Can I take the matter to civil court? What documents should I file?
Report any alleged misuse of your son's Social Security funds to the SSA immediately. If your son is capable, it would be wise to have him contact the SSA with information as well. It is within their power to switch representative payees without litigation, though they will want to ensure that this request is not motivated by other reasons. For more information visit the Social Security link below.
This answer does not create an attorney client relationship. Claimants should contact local counsel for assistance with their specific cases.
Social Security Lawyers
It would be best to hire an attorney to deal with the situation and make your case for changing the payee. SS usually looks at the payee situation with a great deal of care when they select the payee and may be reticent to discuss a change of payees with you if they think your request is motivated by anger against your former spouse. With an attorney, he can present your argument in a light which may make them reconsider the payee issue.
The other option is to wait until the payee misuses the funds and then complain.
Disclaimer Information on this site is provided by attorney Clint Curtis as general information and not specific legal advice. Specific advice can only be provided after a complete analysis of all information related to the asker. No attorney-client relationship is established by the use of the information provided. If you have additional questions please contact the law office.