Notice of Planned Action from SSA Over Assets of an Autistic Adult

[karlajh1961]

Hi I'm hoping for some advice.I am the rep payee in maryland
for my 20 year old autistic son. A while back I received a letter stating that ssa had received a computer match with the treasury department And I was to report to the field office to discuss the finding. I went in and told them that I had no knowledge or possession of any resource. The rep said fine that was the end of the conversations and off we went.

Fast forward to last week. I went to get a paper filled out for his tuition waiver, and they asked me to stay for redetermination. My son was not present
..I agreed and the new rep immediately asked me about savings bonds! I advised her that I am not nor was I ever in possession of the resource. Apparently it puts him over the limit by 174.00...I said what am I supposed to do? She said to get copies and bring them in.gave me a redetermination showing he's still eligible and I left..but before I could even figure it all out they cut him off back to the effective date of 8/13. Ssa has not asked for any money back yet?
I have done some investigation and found that his biological father that i have been separatedsnd and divorced from for years has possession of the bonds! we do not discuss finances and services at all ever He stated that he intended to give my son the bonds as part of my sons inheritance In the future. I was truly unaware of the resource. How do you stop well meaning people from causing these kind of situations. Any help would be greatly appreciared

[Janke]

https://secure.ssa.gov/apps10/poms.nsf/lnx/0501140240
https://secure.ssa.gov/apps10/poms.nsf/lnx/0501110117

References above are about savings bonds and unknown assets.

A bond cannot be a resource if the SSI recipient does not have possession. But that has to be proven.

An unknown resource becomes a resource in the month of learning about it but not before.

If an overpayment is assessed, you should file an appeal citing these two references.

However, the bond issue will come up EVERY SINGLE YEAR from now on. And the issue of possession will have to be documented EVERY SINGLE YEAR from now on since SSA has no way of knowing that the father still has possession. So a better solution would be for the father to cash them out, purchase some other method of providing his son an inheritance (like a single premium whole life policy with the father as owner and the son as beneficiary?) so that the son is not the owner until the father dies. And when the father is deceased, there is a possibility of Childhood Disability Benefits, survivor benefits, on the father's earnings record and maybe excess income for SSI.

Or, cash it out and give it to the son now and then the son will have to spend the money for his living expenses before getting back on SSI.

[karlajh1961]

Thank you so much for your reply...how do I prove that we are not in possession? And is it illegal for his father to cash them out If he is willing to? I'm also concerned about his maryland medicade eligibility. ..should I contact them and make them aware of what's going on...I'm just so confused as to how to proceed. Do I appeal as a reconsideration?

[Janke]

Did you read the references? The person with possession signs a form.

If he is a co-owner, then it is not illegal for him to cash them and keep the money for himself. Depends on the title.

Since his checks have stopped, then an appeal is correct. First on the effective date of the excess resource because it is an unknown asset and then on the value of the bonds because they are not in your son's possession. But you should supply proof.

Sounds like you are going to need to discuss this with the father. Send him the notices. He must care about his son otherwise he would not have saved money for him.

[karlajh1961]

Thanks again...I'm gonna have the dad sign a statement and attach it to the appeal. ..I'm also trying to get copies of the bond's to attach too ...