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JosephKRussell · Oct 4, 2012, 11:08 AM

My sons mother and her sister the custodian have told him he was not recieveing SSI benefits? His new girl friend told him he should be and his mom should have a room for him. Their was a argument with the mother who lives at a different place and no bed room for the son. He committed suicide 17.5yr old in front of his girl friend cursing the mom.. I just found out today he was getting SSI and the sister was custodian. Are you allowed to lie to the recipent? Does the custodian have obligation to tell the truth. I raised him for the last 4yrs.

joypulv · Oct 4, 2012, 11:20 AM

Minors do not get benefits, the parent or other court ordered guardian does.
The sister cannot go to jail for failure to disclose this to the young man.
It sounds like the family has deep seated problems that go way beyond the SSI check.
You could probably have gone to Family Court to have either the mother or sister support him by paying you child support.
I'm so sorry.

ebaines · Oct 4, 2012, 11:59 AM

Why was the sister appointed guardian if you were actually raising him the last 4 years? I'm very sorry about your son's death, but the fact that he hard an argument with his mother (who I gather does not live with either him or the sister) is immaterial to the question of what happened to the SSI benefits. As long as the sister used the SSI benefits for your sons welfare (room, board, clothing, medical expenses, etc) then there is no issue, even if your son was not aware of the existence of the benefits.

cdad · Oct 4, 2012, 06:07 PM

Did your son have a disability and that is why he was receiving a benefit? When he was living with you was the sister still collecting the money on behalf of the child?

Did you have legal custody of the child?

JosephKRussell · Oct 5, 2012, 07:07 AM

Originally Posted by joypulv

Minors do not get benefits, the parent or other court ordered guardian does.
The sister cannot go to jail for failure to disclose this to the young man.
It sounds like the family has deep seated problems that go way beyond the SSI check.
You could probably have gone to Family Court to have either the mother or sister support him by paying you child support.
I'm so sorry.

The boy ask the wife and sister lied its OK with ssi?

JosephKRussell · Oct 5, 2012, 07:08 AM

Originally Posted by ebaines

Why was the sister appointed guardian if you were actually raising him the last 4 years? I'm very sorry about your son's death, but the fact that he hard an argument with his mother (who I gather does not live with either him or the sister) is immaterial to the question of what happened to the SSI benefits. As long as the sister used the SSI benefits for your sons welfare (room, board, clothing, medical expenses, etc) then there is no issue, even if your son was not aware of the existence of the benefits.

The mon had a disability.. They lied to my son that he was receiving it. Is it OK for the guardian to lie?

Fr_Chuck · Oct 5, 2012, 07:29 AM

It is not her lying to him, it is her lying to SSI. She would have to have said, he was living with her and that she was his legal guardian.

If she was legal guardian but child lived with you, then you had a obligation to change custody and verify this with SS. It is not a child's job, but if you were raising the child for "how many years ?" why did you not go and file for the child with SS and find out what was going on ?

JosephKRussell · Oct 5, 2012, 07:32 AM

Originally Posted by JosephKRussell

The mon had a disability..They lied to my son that he was recieving it. Is it ok for the guardian to lie?

The sister was custodian.. My wife left us 4years ago. The wife got ssi.
Is it OK for a guardian to denie the benefits existed?

JosephKRussell · Oct 5, 2012, 11:40 AM

Originally Posted by Fr_Chuck

It is not her lying to him, it is her lying to SSI. She would have to have said, he was living with her and that she was his legal guardian.

If she was legal guardian but child lived with you, then you had a obligation to change custody and verify this with SS. It is not a childs job, but if you were raising the child for "how many years ?" why did you not go and file for the child with SS and find out what was going on ?

I also was told he did not receive ssi...

ebaines · Oct 5, 2012, 11:48 AM

Originally Posted by JosephKRussell

The mon had a disability..They lied to my son that he was recieving it. Is it ok for the guardian to lie?

Joseph - sorry but your story is really confused. If your son was receiving SSI benefits it would have been because your son had a disability - did he? Whether his mom was also receiving benefits as well is immaterial. And whether the sister lied to your son is immateral. What's important here is that if someone received SSI money on behalf of the son, but didn't use the money for his benefit, then fraud has been committed. So - to your knowledge did either the sister or mother receive money on your son's behalf and NOT use it for his general welfare?

joypulv · Oct 5, 2012, 12:01 PM

Again, HE cannot receive SSI. WHO was getting the check each month for his support?

It sounds like you are saying that the check was in his mother's name but her sister was in charge of her finances, and didn't tell her about it or didn't tell her that she could have a 2 bedroom apartment so that he could live with her (his mom)? Or both women kept this from the boy?

Keep in mind that his mother may not have been able to care for him. Someone who has a custodian and can't keep track of money probably will have trouble taking care of a teen age boy. He died cursing his mother, but his problems ran a lot deeper than whether he know about the SSI.

cdad · Oct 5, 2012, 02:27 PM

Originally Posted by ebaines

Joseph - sorry but your story is really confused. If your son was receiving SSI benefits it would have been because your son had a disability - did he? Whether his mom was also receiving benefits as well is immaterial. And whether the sister lied to your son is immateral. What's important here is that if someone received SSI money on behalf of the son, but didn't use the money for his benefit, then fraud has been committed. So - to your knowledge did either the sister or mother recieve money on your son's behalf and NOT use it for his general welfare?

I disagree with this part. The part in red. If the mother became disabled and the child was listed as a dependent. The mother could have been receiving SSDI and the child would receive a benefit from it too without having a disability. The check would go to the custodian of the child as part of the SSDI benefit.

The OP needs to clear up things to receive a correct answer.

The way it reads now is very confusing.