Legal Question in Social Security Law in Georgia

My husband was recently approved for social security disability after over three years of living on near nothing. He has received one monthly check but no back pay. Our 13 -year-old daughter however, just received a lump sum payment of over $22,000. This money was put into a savings account with my husband as representative payee. My questions are: Do we have to keep records of how her back pay is spent or just her monthly check? After things she needs (which are many after three years), can we buy some things she wants? Could we buy a used car since we don't have one and pay her back when my husband gets his back pay? Also, if we save most of the back pay for her, do we have to return it to social security once she turns 18? She is not disabled, this money is her part of my husband's FMB.

Asked on 2/14/10, 5:33 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You have to keep records of every dime you spend on the lump sum, and you could go to jail for stealing her money to buy a car (repaying stolen funds doesn't eliminate the crime). Money remaining at 18 is simply given to her.

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Answered on 2/19/10, 6:00 pm
Ronald Arthur Lowry Ronald Arthur Lowry

Something is not right. If your minor child got a lump sum past due benefit your husband should have gotten one also, in a larger amount. Contact your local SSA office. Do NOT let them BS you. A child cannot get past due benefits without the parent having gotten them also. The child's benefit is dependent on the disabled parent's same date of disability.

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Answered on 2/24/10, 2:59 pm

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