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Receiving Social Security Survivor Benefits?

I'm the representative payee for my sister's survivor benefits. Prior to receiving guardianship of my sister, the state was payee and the monthly benefits just accumulated and were not used while she was in the state's custody. When the guardianship took place, the benefits that had accumulated were sent from the state back to Social Security. That was two months ago and I still have not received the lump sum. Wouldn't that come to me as her current payee? Has anyone experienced this?

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Bronze Answer Medal for All Time! 220 Answers
June 2, 20170 found this helpful

Only SSA can answer your question; you can call or make an appointment with you local SSA office.

 

Gold Post Medal for All Time! 677 Posts
June 2, 20170 found this helpful

I agree with DCA. I have a feeling that her needs were taken care of by the government while she was in the custody of the state, and that's why you did not receive those months of benefits.

 

Gold Feedback Medal for All Time! 949 Feedbacks
June 2, 20170 found this helpful

You will have to contact your SSA (in person) to get the full answer to your question but I might ask this question - why do you feel you are entitled to receive the accumulated benefits? Are you in need of these funds to take care of your sister in her present state?

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Social Security benefits are paid on a monthly basis to take care of the continuing needs of the dependent (such as housing, food, clothing, doctor, medications, and personal items) and since you did not provide these services then it would not appear that you have a right to claim them. If the state decided not to use those funds then I believe you will find they do not belong to you or your sister and will properly be returned to the SSA as you stated.

When you were awarded the role as representative payee/guardian, I hope the forms/papers explained your role with regards to the benefits your sister receives. If you have any questions about how this money is to be used and/or your responsibility in keeping records of these benefits, now would be the best time to ask those questions.

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Record keeping is very important and there can be extreme penalties if SSA requests an accounting and records are not available.
The main thing I am saying is I hope you and your sister can have a safe and happy home/relationship for many years to come and that these benefits will help you towards that end.
SSA can answer any question (and answer it correctly) much better than anyone here can attempt to do as every case is different and you will not know for sure if you do not visit their office.

 

Silver Post Medal for All Time! 255 Posts
June 3, 20170 found this helpful

Is your sister and adult or minor? If a minor, they may be returned for her use. (such as if she was in foster care or similar). If an adult, and she was in an institution care, they may have a claim against that money, such as a nursing home). Most likely the funds will not be sent to you.

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However, bear in mind that the money is actually hers, your just the payee. On the flip side, it is to be used by the payee for her care, food, rent, insurance, clothing, shoes.....
There is no way to predict the SSA reaction to something-you need to call them and make an appointment.
I have never heard of a state sending the money back before. Usually it goes to the state if the state is taking care of her.

 

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