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Ask Dr. Fiona Chen Your Own Question
Dr. Fiona Chen
Dr. Fiona Chen, Certified Public Accountant (CPA)
Category: Social Security
Satisfied Customers: 355
Experience:  Former IRS Revenue Agent
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We are guardians for our grandson that received a pension

Customer Question

We are guardians for our grandson that received a pension from his father being on disability. We received notice that the pension was being stopped until Dec. 2016 because of his father working in 2014 and 2015. His father does not live here, and we have no way to know when he works. We received notice dated July 1, 2016 that gave us 10 days to protest. I had a heart attack July 6, and we did not fie the reports requested. Is there any way we can have them re-open their decision?
Submitted: 2 months ago.
Category: Social Security
Expert:  ABC Accounting Group replied 2 months ago.

Hi. Sorry to hear. What are the reports they are requesting?

Customer: replied 2 months ago.
One was asking for a waiver for the money social security claims our grandson owes, the other was form to be filled out by my wife's bank. By the way, the grandson is 8 years old.
Expert:  Dr. Fiona Chen replied 2 months ago.

Dear Customer,

Your question is in the list pool, so, I am continuing on to answer it.

1) Are you and your wife on social security retirement income? If yes, your grandson may be qualify for social security from his relationship with you.

Your child can get benefits if they’re your biological child, adopted child, or dependent stepchild. (Sometimes, your child could also be eligible for benefits on their grandparents’ earnings.) Please look into this aspect. See this website link. https://www.ssa.gov/pubs/EN-05-10085.pdf

To get benefits, a child must have:

A parent who’s disabled or retired and

entitled to Social Security benefits; or

A parent who died after having worked

long enough in a job where they paid Social

Security taxes.

None of the grandparents and the grandchild need to be disabled. As long as you are on normal social security retirement, you should look into this aspect.

2) Call the Department of Family and Children Services of your county and find a good social worker. There are many benefits for children and for your family. Find more resources.

3) For social security administration, it seems that your son-in-law does not qualify. If your son-in-law does not qualify, your grandson also does not qualify.

4) Because your grandson's benefit belonging to disability, call the SSA advocacy office for the disabled. They may be able to help.

a.) For the SSA to reopen the case, you should give this office a call. They probably can walk you through all the forms and appeal process. They should also find other possibilities for your grandson.

Still call the appeal and see whether they can reopen the case.

Non-medical reasons, you should contact your local Social Security Office to request the review. You also may call our toll-free number, 1-***-***-****, to request an appeal. People who are deaf or hard of hearing can call our toll-free TTY number, 1-***-***-****.

b.) https://www.ssa.gov/work/protectionadvocacy.html

Call 1-***-***-****

5) Find an attorney. Retain an attorney to represent you before the SSA and fight them for you. Many disability cases are handled by attorneys. Look for free clinics if you qualify. They can at least help you fight the back payment pay back issue.

Do not sign the bank form until you get an attorney help.

6) This is a fight you cannot and will not give up. This will cost your cash and your money. This is not just the loss of your grandson's benefit. This is asking you to pay cash to the SSA. Don't give up. Once they are successful to claim that you took money you should not have taken. There is no limitation on what is next. This matter is serious.

Regards,

Fiona Chen, MPA, Ph.D., CPA, ABV, CFF, CITP

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