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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19677
Experience:  B.A.; M.B.A.; J.D.
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PLEASE..... My 3rd daughter has adhd, oppositional defiance

Customer Question

PLEASE..... My 3rd daughter has adhd, oppositional defiance disorder, and depression. A state employee involved in her circus informed me she was elegible for ssd. In 2012 I filed an extremely comlete history o f EVERYONE involved in her therapy since preschool. She was 12or 13 when I submitted the application. It was denied 4 times. Called our attorney who didnot specialize in social security. Mistake to say the least, but this April the judge picked a random date in 2013 and awarded the benefits. As he finished he said, and I have no idea why, he knows NOTHING ABOUT ME. Her father is deceased. Im her only guardian. Judge says to me and my attorney IM NOT LISTING YOU AS HER REPRESENTIVE PAYEE? My attorney was baffled. He does not know how to proceed. Hes leaving me stuck. We found out our local ssi office without a release, contacted an agency monitoring her behaviors, left a voicemail requesting whom she thought should receive the money on her behalf?????? I immediately called my attorney gave him the number and pleaded with him to call and remind social security there was no release signed to contact anyone involved in her care. Ive waited and waited for my attorney to call me with answers. His rude answer was I left a message nobody called back. Please help me
Submitted: 2 years ago.
Category: Legal
Expert:  Phillips Esq. replied 2 years ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
Could you explain a little more?
Why are you not being listed as your daughter's representative payee?
Customer: replied 2 years ago.
I do not know I can tell you this my husband died when I was 36 I have three daughters with him. Kyra is the last one collecting survivor benefits on his social security number. then four years ago police officer ran a stop sign I was in a very bad car accident I have what's called a pylon fracture of the left ankle where the joint space was compromised and bone shattered everywhere so I do myself collect disability I can't believe I can even stand on all the metal in my ankle other than that it was the oddest thing when I walked in it. My attorney had some kind of knowledge of this judge he complimented him on his tan, the judge smiled and talked about going back to Florida he asked if you still owned a home in the town and I are in New Jersey I believe even mentioned something about his wife to my attorney then all of a sudden after I received it he became very serious looked at me and said okay what is it you want I didn't know how to answer my daughter he's in a residential treatment facility right now diagnosed ADHD oppositional defiance disorder and now bipolar she has been in and out of these treatment centers for 2 years I noticed in the middle of the night when I was going through everything the paperwork that was sent back to me is all about collecting SSI well I was wasn't applying for SSI I was applying on Kyras behalf for SSD so at least these years of her life that she's struggling to be here and then she knows she can and it's my one and only wish for her go to college and be something.
Expert:  Phillips Esq. replied 2 years ago.
Thank you for the explanation.
My deepest sympathies for the loss of your husband.
You need to go to the local office of Social Security Administration and apply to be appointed the Representative Payee for your daughter's benefits. Unless you have misappropriated funds meant for the children previously, I do not see any reason why you should be denied this appointment.
Customer: replied 2 years ago.
sir I honestly did not miss apropriate any funds. we found my husband dead in our home he was waked on Wednesday church service on Thursday and I had to be back to work on Monday I only made $11 an hour cuz I made the big mistake of not going to college and social security gave me 333 dollars per month per child to being teenagers and ended pretty quickly my third daughter is 8 years younger than my second the judge said I don't really know why I'm not making you the representative payee but I'm just not he said he would put something in there something about partially favorable or something and the women at the Social Security office were allowed to disagree and make me the representative payee I'm the representative payee for her survivor death benefits which end this year this whole circus so stressful. any and all information requested by Social Security after my attorney took the case I had to collect and fax to him it has been very very difficult specially from my accident I was in a hospital bed in the living room In N Out of surgery for 8 months. your advice is I now have to go all the way to the local Social Security office and plead I'm her only guardian. Shouldnt my attorney be speaking with tourneys the firm he works for who deal only with disability figure out from examples how to straighten it out? he had a rapport with the judge couldn t write to the judge explained that this is ridiculous unnecessary and we're not getting anywhere with Social Security
Expert:  Phillips Esq. replied 2 years ago.
If you still have an Attorney, then the Attorney should be working to resolve the issues for you.
Best wishes