Skip to main content

Daughters Biological father now representative payee of her survivor benefits from my deceased husbands benefits?

Denver, CO |

Just curious. Seems a bit odd to me. My husband passed away and my daughter, his step daughter receives his survivor benefits. I was the representative payee. She moved with her biological father and he had the benefits transferred into his name. Which seems odd to me. When she was living with me he was not providing support for her but I was receiving benefits so it was fine. The moment she moves he jumps on the opportunity quickly behind my back and has them transferred. That is fine and all. It just seems odd that he is her biological. Both of her parents are alive and he is the payee from my spouses work benefits :-( I would much rather pay child support and have the benefits divided among his blood children. I guess that is totally legal?

+ Read More

Attorney answers 1


Social Security has its own procedure for appointing a Representative Payee to oversee the benefits. Almost anyone could potentially be appointed the Rep Payee, so I'm not shocked that her biological father would have been appointed. From a legal point of view nothing is wrong here. So long as he is properly carrying out his role of handling and accounting for the benefits and making sure they are used for your daughter's best interest, it is likely that having been appointed he will continue to serve as the Rep Payee. If problems develop, then your daughter would be able to ask SSA to appoint a new and different Rep Payee.

It is impossible to give specific answers to questions without meeting and fully discussing all of the potential issues that may not be addressed by your question. The answer(s) provided should be considered general information and are not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. The answer provided is intended to educate you and point to issues for you to raise in a consultation with a lawyer. You should not take any action that might affect your claim(s) without first seeking the professional opinion of a licensed attorney.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer