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My daughter received a large check from back dated payments…

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My daughter received a...

My daughter received a large check from back dated payments since her dad is disabled. I put that mon

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My daughter received a payout when her dad received ss benefits disability. When she was six I put the money in a saving acct for college. Now I receive a letter for ss wanting any savings sent back. do I have any recourse?

Submitted: 6 months ago.Category: Social Security
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Answered in 11 minutes by:
12/3/2017
Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 6 months ago
Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 14,419
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
Verified

Hi. My name's Lane.

...

hold a law degree (J.D.), with concentration in Tax Law, Estate law & Corporate law, an MBA in finance, a BBA, and CFP & CRPS (Chartered Retirement Plans Specialist) designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986.

...

There IS a section of the POMS manual (Social Security's internal operations manual that is driven by Social Security law) that say that on a case by case basis they can allow the payee to manage the money for the persons best interest (as in use for college)

...

The default, however, is that you send it back to them and then they send it to the beneficiary. Bear with me a minute while I pull up the regs

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Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 6 months ago

See this (from here: https://secure.ssa.gov/poms.nsf/lnx/0200603055)

...

"Generally, SSA learns of conserved funds when a payee submits an annual or final accounting report. When a payee, who has conserved funds for a beneficiary, stops serving as the payee, the payee generally must return those funds and interest earned thereon to SSA. SSA will reissue returned conserved funds to a successor payee or to the beneficiary directly if he or she no longer needs a payee.

SSA may permit a former payee to transfer conserved funds directly to a new payee or to a capable beneficiary rather than returning them to SSA if it serves the best interest of the beneficiary. SSA will allow such transfers on a case-by-case basis. For guidelines in determining when a direct transfer of conserved funds may be in the best interest of a beneficiary, see GN 00603.055C.

In exceptional circumstances, SSA may allow a former payee to continue managing conserved funds when the arrangement serves the best interest of the beneficiary. For information on a former payee continuing to manage conserved funds see “When a Former Payee May Administer Conserved Benefits” (GN 00603.130)."

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Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 6 months ago

You'll want to print out and refer to this section of the POMS (which is based on federal law, found in the Code of Federal Regulations here: 20 CFR(###) ###-####/a>, 20 CFR 416.660)

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And set up a meeting (you MIGHT be able to do this over the phone. Setting up a meeting is the best practice) to argue that this is college money, and that the beneficiary will be best served by your paying it directly to the institution so that the beneficiary doesn't fritter it away.

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Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 6 months ago
Hi - just checking in. Did my answer help? - Let me know - Also, let me know if you need more on thisLane
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