After three years of constant appealing I finally got my son his SSI. The payments for those three years were supposed to come in three payments: two small ones and one final one of the balance. These were supposed to be six months apart. I received the first in February and am now trying to get the second.
This money is supposed to go into a 'dedicated account' and I am supposed to get approval prior to using it. The money is, according to the case worker, for my son's needs specifically related to his disability. My son is emotionally, mentally, educationally disabled. He doesn't need wheel chairs, crutches, or any other items most consider disability related. He needs activities that stimulate his reading, math, and social skills. He needs to be able to see his father on a regular basis (we are divorced).
The most irritating this about this 'dedicated account' is that it is back pay.. I have already spent money for three years supporting my son, fighting the schools for his needs, arguing with his counselors, getting him the proper medication, transporting him to and from doctors, paying fees for sport team activities, etc etc etc. So why do I have to spend this money on what they say he needs? What about the other bills accrued over the years?
I have a couple of questions:
First... who determines what is needed for my son in relation to his disability?
Second.... how do I get a different case worker?
Third.... if I don't get the case workers consent to use my sons money what is the penalty?
Fourth.... in order to give my son the stability and sense of ownership his counselor says he needs I want to purchase a house....can I use my son's final lump sum payment as a down-payment on a house if I put it in his name?
Use of funds by a representative payee
Sounds like you are the representative payee for your son. Representative payees have certain obligations with regard to how they spend money for the beneficiary.
Here is an excerpt regarding how funds must be used for the beneficiary :
However, depending on circumstances, if the basic needs of the beneficiary are met, funds may be used (with approval) to support other legal dependents.
Again, assuming basic needs are met, you also can use the money to arrange for the beneficiary to go to school or get special training. You also could spend some of the money on the beneficiary’s recreational activities, such as movies, concerts or magazine subscriptions.
It's also not out of the question to use lump sums from a back payment may be used to buy a home in the name of the beneficiary.
If you are not sure whether it is okay to use the money for a specific item, (for example, paying a bill the beneficiary owed before you became payee), contact your local Social Security office before you spend the money.
I would strongly recommend to not disregard the advice of your case worker. One possible "penalty" is the SSA may assign another person or organization to be the representative payee instead of you.
http://ssa.gov/pubs/10076.html#how
http://www.ssa.gov/payee/faqrep.htm