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  1. #1
    Join Date
    Dec 2014
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    1

    Default Can an 18-Year-Old Move Out and Get Survivor Benefits Paid Directly

    My question involves guardianship in the State of: Ohio.
    My 19 year old daughter is dating an 18 year old who is still in high school. He receives Social Security benefits from his fathers death. His understanding is that this continues until he graduates high school in five months. His mother is not in the picture either and he is living with an Aunt and Uncle. He and his sister, who has since graduated and moved out, have been living in their household since he was around 5 or 6. The problem that this boy is having is that he wants to start planning his future now. He is not allowed to get a job and just recently got his license when he turned 18 (but did so against their wishes). He has told my daughter of a recent fight where his uncle hit him with a 2x4 across the back. He is provided the bare necessities such as food and shelter but he doesn't get much else as far as typical high school seniors would like and in my opinion it seems to be a cold unloving environment as well. Before anyone sees this post as a child who is just unappreciative, I would like to say that is not the case. The boy would just like to be a normal adult male with a job and a car. The question is "Can he move out of the house and get a place of his own and still receive his due benefits for the next five months until he graduates high school?" and if so how does he start the process?

  2. #2
    Join Date
    Feb 2014
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    RTR/WDE
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    1,724

    Default Re: 18 Year Old Wants to Move Out but Legal Guardians Won't Give Him His Ss Child Ben

    Those benefits are for the DEPENDENT children of the deceased. If he moves out of his aunt's home, he is no longer a DEPENDENT minor.
    Don't make me quote Monty Python at you.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,924

    Default Re: 18 Year Old Wants to Move Out but Legal Guardians Won't Give Him His Ss Child Ben

    Quote Quoting Mimi2014
    View Post
    The question is "Can he move out of the house and get a place of his own and still receive his due benefits for the next five months until he graduates high school?" and if so how does he start the process?
    He starts with a visit to the local SSA office. Someone there will explain things to him and get him started on the paperwork if it's possible for him to get the money paid directly to him.

    - - - Updated - - -

    Quote Quoting BooRennie
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    Those benefits are for the DEPENDENT children of the deceased. If he moves out of his aunt's home, he is no longer a DEPENDENT minor.
    That might be true but I wouldn't take it as gospel without getting it straight from the local SSA office.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: 18 Year Old Wants to Move Out but Legal Guardians Won't Give Him His Ss Child Ben

    I agree that he needs to contact the SS office. But, having been the guardian of a child with SS survivor benefits, it continues until he graduates from high school or he is age 19 - whichever occurs first. There might be other reasons to continue payments beyond that as well. But, assuming a healthy child, they will continue until he graduates high school or reaches his 19th birthday. Our boy had to make sure that his checks were routed to him from his biological father after he turned 18 because before that his father had been receiving and using the checks even though he had been in our care for four years.

    So, the young man in question needs to go to nearest SSA office and look at his options. Plus, he might also need to look at the regulations concerning an 18 year old in school. There may be some hoops he has to jump through in order to become responsible for himself at school as well. It's not always as simple as walking about the front door with the shirt on your back and starting off on a grand adventure on your own.
    **********
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  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: 18 Year Old Wants to Move Out but Legal Guardians Won't Give Him His Ss Child Ben

    In OH the law used to be the 18 year old must be in the district of their custodial parent or prove they are self supporting. Whether that has changed in the past decade I am not aware. The only exception was for a child with an IEP.

  6. #6
    Join Date
    Jun 2014
    Posts
    3,176

    Default Re: 18 Year Old Wants to Move Out but Legal Guardians Won't Give Him His Ss Child Ben

    The checks should be going to him since he is 18, even if he is still in high school. Have him go into the local SSA office. He will also need verification from his high school that he is still attending and his graduation date.

  7. #7
    Join Date
    Jan 2009
    Location
    California
    Posts
    1,045

    Default Re: 18 Year Old Wants to Move Out but Legal Guardians Won't Give Him His Ss Child Ben

    18 year olds are adults and are considered to be capable of managing their own benefits unless it is determined they have a mental problem that makes them not capable. Doesn't matter if they are appreciative or not. Doesn't matter if they have bratty or angelic behavior. Turning 18 makes him an adult.

    https://secure.ssa.gov/apps10/poms.nsf/lnx/0200502010
    "All legally competent, adult beneficiaries are presumed capable of managing or directing someone else to manage their benefits unless there are indicators or evidence to the contrary."

    17 1/2 year olds can be paid directly in many cases as well.

    He does need to talk to SSA. Make sure they have his right mailing address and bank info or they will enroll him in the debit card system.

    Moving out of his aunt's house has zero to do with qualifying as a child of his deceased father. The dependency relationship has nothing to do with the aunt and everything to do with the father being the father and being deceased. Nothing changes that. He does not have to live with the aunt. And at 18, he can make his own choices, smart and dumb.

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