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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13543
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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Stephanie its sherry again I think I posted in the wrong

Customer Question

Hi Stephanie its sherry again I think I posted in the wrong place I just wanted to ask you if my son who is autistic and 22 will be moving home from school my question is will they want to talk to him as this will cause him alot of duress cause he gets confused and is on alot of meds including an antipsychotic one or can i talk to them on his behalf cause I'm his legal guardian I don't know the process when he moves home just tell them he moves home and they're are no changes which is what it is...do they just want that info so they know he's home and not at school. Will anything change??????
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.
You will want to try using an SSA-1696 to be his appointed rep. I presume you are already his "representative payee" for his money benefits. If he is on SSI, his moving home can reduce his benefit if he is not paying his 'fair share' of his shelter/food costs. So perhaps speak with a worker there to determine WHAT he needs to be paying when he moves home so his benefits are not reduced.
Expert:  Stephanie O Joy, Esq replied 1 year ago.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Stephanie O Joy Esq., ONLY" if you want me to specifically answer it. Sincerely, ***** ***** Joy, Esq.Your online SS legal resource!
Customer: replied 1 year ago.
Like I said before my boyfriend lives here and they found him to be ineligible for no holding because we are not married and he's not the father so his income does nd matter even if my son has to pay his fair share and also my other son 15 has to pay his fair share and myself as well and I am his two payee and his legal guardian right now my oldest son gets 500 to 550 for ssi and my minor son gets 300 350 ssi is there ANY PROBLEMs they told me I don't have to report ANYTHING unless we are married
Customer: replied 1 year ago.
Do I or a lawyer have to fill out claiments appointment for representative.I'm not sure what this all means? Could you be a little clearer please I don't understand it even though I read it its to confusing thank you kindly
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Your son's own living arrangement has nothing to do with your boyfriend. If he is moving home, and collecting, you need to report. I can't evaluate if there are "any" problems, since I am not involved in your case, but you DO want to report a change in living arrangement if he is getting SSI. It says so right in your paperwork you got when he was awarded. LIving arrangements COUNT with SSI. Appointment of Rep can be lawyer or non-lawyer. If you want to be that, then you need to sign it.
Customer: replied 1 year ago.
And of I be his appointment of rep I can do everything including talk to them on his behalf what do they mostly want to know when he moves home just that he is paying his fair share and if I am his alot of rep they will just talk to me and not him is that correct????
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Yes. They will ask for numbers, you give them, ie how many people in home, what is the monthly rent/basic util/food ----- if 5 people, is he paying 1/5th. That kind of thing. Tell them that he is not capable of providing responsive answers and / or that it will make him anxious which is harmful to his health (if that is true). As his Appointed Rep he has chosen, if you say they are to talk ONLY to you, they are supposed to obey that. So don't give them his private phone number if he has one, only yours.
Customer: replied 1 year ago.
There is my minor son 15 on ssi my daughter who receives nothing myself who works and my boyfriend who's not contributing and then my 22 year old son so it will be 5 and my morgage is 1900 a month nothing included
Expert:  Stephanie O Joy, Esq replied 1 year ago.
I can't do the math - they have to do it to be sure. Utils, etc.
Customer: replied 1 year ago.
And yes he's autistic and on many medicines he would become very confused and anxious when being asked personal questions
Customer: replied 1 year ago.
And once they do the math they can figure out how much he has to pay as well as my minor son and myself??? And of he pays his fair share his benefits will be cut??
Customer: replied 1 year ago.
My son never got a medical disability review when he turned 18 to my knowledge because he was in school he is now 21 going on 22...could they have some it in school no-one including ask has ever said anything about this he has an ongoing med condition autism bipolar ect. What now??? Sorry I'm being a pain again just need honest answers please thank you for all your help
Customer: replied 1 year ago.
I'm sorry I'm such a bother you have the best honest answers as I can trust I have been asking to many people and getting to many different responses that's why I keep comming back to you.....I don't know if I ran out of questions or your just sick of answering either way I understand. Thank you once again
Expert:  Stephanie O Joy, Esq replied 1 year ago.
You can ask them what amount he needs to pay to be paying his fair share. If he pays his fair share, that means that it is not being gifted to him - he is not getting 'in kind' income of shelter. So no reduction. If he DOES get that income of in kind shelter, than SSI need not pay him the shelter portion (up to 1/3) anymore. If they are not complaining about his condition, I'd not worry about it.
Expert:  Stephanie O Joy, Esq replied 1 year ago.
I wasn't ignoring you - I went out with my daughter to see the sights. (We are on a pseudo vacation, but with part work.)
Customer: replied 1 year ago.
Omg so sorry I didn't think you were ignoring me please forgive me I just am paranoid about being a bother and I am being a bother sorry I didn't know you were on vacation my sincerest apologies just your the best lawyer and I don't trust anyone but you...you have gotten me through this before just the other day and that's why I keep requesting and bugging you... So so sorry
Customer: replied 1 year ago.
I dont want to take time away from you and your daughter so forgive me as I have 3 of my own to take care of but can't function properly if I don't know the proper answers I also am disabled as I'm sure you can tell but got denied for ssi....so I have to work to support my children I just don't want to worry as I want to spend quality time with my kids without all this consuming my mind thanks for your patience and understanding comming from someone with a disability as well....
Expert:  Stephanie O Joy, Esq replied 1 year ago.
No worries!
Customer: replied 1 year ago.
So basically give them what they ask will that be in letter form or on the phone do you know??? And forget the rest and not worry about anything else this isn't happening until Aug that's when he turns 22 and leaves school and I'm worried about it now how stupid am I????
Expert:  Stephanie O Joy, Esq replied 1 year ago.
May be on the phone or in person, typically. You are not stupid, I admire that you are looking into it now - rather than being surprised later. Are you working FT?
Customer: replied 1 year ago.
I work yes 37 1/2 hrs yes full time but when I went down there the other day I gave them all my paystubs I literally told them everything I sometimes say to much!!! So they know everything as I was just there they just said to let them no when my son moves in with me and get a termination notice from his school that's it they didn't ask about my boyfriend his assetts nothing else just that... Only of we get MARRIED then I have to report that... And thank you for the compliment means alot as I am struggling as you can see and don't want this over thinking to ruin my kids weekend as they can see I'm stressed and I don't want that for them I wanna be happy and enjoy them and life but its so hard when you have constant things looming over your head and when you have to live by the government rules I feel I have no life...always worried
Expert:  Stephanie O Joy, Esq replied 1 year ago.
"work yes 37 1/2 hrs yes full time ------- OK, just wondering - you said you were disabled, but your work seems to indicate you are not disabled, even if you have impairments.but when I went down there the other day I gave them all my paystubs I literally told them everything I sometimes say to much!!! ------- No, you do NOT want to like by omission - as that is generally considered fraud which can result in prosecution, imprisonment, etc. "So they know everything as I was just there they just said to let them no when my son moves in with me and get a termination notice from his school that's it they didn't ask about my boyfriend his assetts nothing else just that... ------ I think we already put the boyfriend issue to bed...... And yes, as noted above, you need to continue to compy with reporting requirements to be sure you are eligible for what you are getting. That is the thing with collecting welfare - it is paid for by your neighbors, (ie. taxpayers) and so once must be financially low enough to warrant having others do the supporting of your children, rather than you."Only of we get MARRIED then I have to report that... ------ Or if you start holding yourselves out as if you were married, remem er? But again, you have moved on from that. "And thank you for the compliment means alot as I am struggling as you can see and don't want this over thinking to ruin my kids weekend as they can see I'm stressed and I don't want that for them I wanna be happy and enjoy them and life but its so hard when you have constant things looming over your head and when you have to live by the government rules I feel I have no life...always worried --------- They have father(s), have you filed for child support? If not, you kind of have a moral obligation to, if not a legal one, for the sake of the kids.
Customer: replied 1 year ago.
I do get child support which they are aware of 150.00 for my minor son my daughters father is a danger he's in jail so no contact and no child support for my daughter
Customer: replied 1 year ago.
And no my work doesn't see me as disabled I just have anxiety but when I'm doing my job that I'm very good at I don't over think and run into these problems its when I'm bored i over think and get into these silly predicaments I can usually get out of them when I think positive and do my job which I love
Expert:  Stephanie O Joy, Esq replied 1 year ago.
OK, glad to here you are not disabled - it is a more difficult life!
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Sounds like you are doing ALL good.
Customer: replied 1 year ago.
Thank you so much I work with special needs adults with autism down syndrome and all other disabilities and it feels so good to do go and help others I love it that's why I'm glad I didn't get disability God has other plans for me!!!!! Just want to get it right for my own kids so we can all be happy and without struggle....no-one wants to struggle that's why I'm asking you all these silly questions because I want my kids to have a good decent life....and them being disabled I try as hard as I can to give what the need to the best of my ability!!!! So I'm gonna let it go not worry and take time with my kids....
Customer: replied 1 year ago.
On the ssa 1696 there is a place for my son to sign but since I'm his legal guardian can I sign his name or my name or should he sign it??
Expert:  Stephanie O Joy, Esq replied 1 year ago.
Your questions are not silly. And yes, enjoy your kids this weekend and always!
Expert:  Stephanie O Joy, Esq replied 1 year ago.
I can't answer the 1696 question for sure - but I believe one can hardly expect a child to sign with consent, so yet, his parent/guardian, i'd think, would sign it in her own name, as guardian? if it doesn't work, SSA will likely let you know.
Customer: replied 1 year ago.
I got a treatment plan from the court house and I'm not sure who fills it out its for my 21 year old son who's in a residential school and was found incompacitaed. Does the clinican need to fill it out its regarding his antiphyotic meds and it doesn't say who should fill it out any ideas would be appreciated thank you and also I need recent guardianship papers from the judge should I call the court to request it?
Customer: replied 1 year ago.
The school requested this information to out in my sons file I filled out the report of monitor
Expert:  Stephanie O Joy, Esq replied 1 year ago.
What court house? What form? Is the a title and a form number? And what does the signature line say? Does it give a hint?
Customer: replied 1 year ago.
Canton court house in mass. No nothing just plain piece of paper on too it says treatment plan then it says in re guardianship of then lines then respondent then next line antipsychotic medication dosage and dose range and at the 32nd is says periodic reviews of the treatment plan will be done to assess of the med and to check to side effects then it says the within treatment plan is hereby approved it will be reviewed one year from today's date then at the bottom is says date and a box that says justice and another box that says judicial designee
Customer: replied 1 year ago.
That's it nothing else I have no idea what to do with it...
Expert:  Stephanie O Joy, Esq replied 1 year ago.
OK, you need to speak to a guardianship attorney, as this is not a SS issue at all. But if you are under court order as a guardian (and courts are very involved when the subject of the guardianship is an adult, because his normal adult rights are denied him (for obvious reason)) - you need to fill out what it asks for. THAT SAID, this form seems like it may be the sort that the Treating medical provider fills out. Not the parent who is not a medical expert/ provider. So that is where I'd take it.
Customer: replied 1 year ago.
I'm sorry i didn't realize I was asking a question that wasn't ssi related... But thank you for the info... I appreciate all that you do....
Expert:  Stephanie O Joy, Esq replied 1 year ago.
No worries. But, yes, SS is federal Social security law while estates, wills, guardianships, adoptions will be estate law, which is not governed by the federal government but each state has its own laws on those non-federal issues, just as family court in each state will govern over divorces, etc., not the federal government.