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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10237
Experience:  Civil litigation attorney for individuals and businesses.
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My nephew is on mental dissibility (SSI) He is 21 He is stable

Customer Question

My nephew is on mental dissibility (SSI) He is 21 He is stable on meds. His current payee told him and me that she did not want to do it anymore and that he and I should handle it. She does pay his bills nothing else I am his mental and emotional support along with my family. My nephew was told today that she opjected to me being the payee, even though I take care of his Medicare and Medcaid and making sure he has what he needs. I have just learned that she dispersis $100 more than he recieves not including clothes personal item transportation etc. (there were some funds from a lump sum last May 2014) According to her it was about $1100 is left. I don't what changed her mind except his mother (her sister) Since i learned of the financial status in the begining of May I have reduced his cell phone bill $60 per month and found a nicer group home for $150 less What recourse does my nephew and myself have?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.
Your nephew can select a new representative payee for future social security benefits. (See: http://www.ssa.gov/payee/faqrep.htm) whether that is you, or someone else he trusts, he can select someone of his choosing.Regarding the prior lump sum distribution, his earlier payee is required to provide him with an accounting, if you believe there is an issue with these distributions, he can file a complaint with Social Security and they can investigate the matter (I would be cautious in this type of family related matter, particularly as this appears to be more of an issue of disinterest as opposed to an issue of misappropriation of his funds).I do wish you both the very best, ***** ***** level of care is such that he requires a more aggressive intervention into his living situation, there are things such as a guardianship or conservatorship of the adult, but these avenues should be reserved for those instances where the disabled individual can no longer care for themselves in their living situation (meaning even with the assistance of his group home, he is not getting sufficient clothing, food, or health care and is a danger to himself or others).