Ask Larry

Will My Check Start Back Up Now That My Daughter Has Returned To My Care?

My daughter receives survivor benefits from her dad that passed in 2014. In 2018 I signed guardianship of her ovr to a relative therefore my check stopped bc she was no longer in my care. Hers started going to the family member with legal guardianship of her. My daughter is 15 now and has been living with me for over 18 months but her check still goes to that relative. We recently terminated guardianship. My question is will my check start bck now that she's back in my care and the money that the maker guardians have saved in the bank of hers what will happen to it? Will they have to sign it over to me now

Hi. Yes, if you were married to your daughter's father and if your mother's benefits were suspended for not having an eligible child in your care, then assuming you haven't remarried and you aren't working and earning too much then your benefits can be reinstated if a) your daughter has returned to your care, and b) she is either under age 16 or is disabled. You'll need to notify Social Security in order to get your benefits reinstated.

The benefits that your daughter's guardians received must be accounted for and if any funds were conserved by them then they would be required to return the unused funds to Social Security. Social Security would then issue those funds to your daughter's new representative payee to be used for her or saved for her future needs. If you haven't yet applied to be representative payee for your daughter then you would need to do that by contacting Social Security.

Best, Jerry

Posted: 
Aug 15 2022 - 7:50am
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