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  1. #1
    Join Date
    Sep 2018
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    3

    Exclamation How to Appeal the Appointment of an Inappropriate Representative Payee

    I've found myself in a bad spot and can't find a single social security lawyer who deals with anything past the point of benefits determination. Contacted 20+ and the Palm Beach Bar, no one can point me in the right direction.

    I'm a disabled single father who has collected approx $2,300/mo for myself since 2010 and approx $1200 for my 2 sons, ages 4 & 6, since 2012 as their Representative Payee.

    My ex-Girlfriend, the mother of my kids, who has an extensive history of filing false reports and fraud, quietly and successfully petitioned her local SS office to make her the Representative Payee of these funds without a reason or explanation provided to me. I didn't find out until the money didn't show up in my account that it was paid to her, leaving me short on bills.

    Despite the overwhelming evidence I provided, the supervisor who meet with me violated multiple Department regulations and demonstrated an obvious personal bias. Throughout our meeting I was bullied, threatened, and my rights were violated in ways which only someone with a conflict of interest would demonstrate. I believe this individual may have a personal relationship with the mother of my children. -- NEED IMMEDIATE APPEAL to continue meeting the needs of my children.

    What type of lawyer deals with this???

    [*] I AM NOT delinquent on any type of support.
    [*] This was Not my local social security office.
    [*] I was Never married to mother
    [*] Parental agreement & child support order are based on those funds going to father to support children. Mother makes $3,600/mo (Now $4,800), while Father makes only $2,300 disability.


    I'm not sure what's going on here, but something's not Kosher.. I'M DESPERATE, PLEASE HELP.

  2. #2
    Join Date
    Feb 2014
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    RTR/WDE
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    1,679

    Default Re: Unique Case - What Type of Lawyer Do I Need in This Situation No One Seems to Kno

    Who has primary custody?
    Don't make me quote Monty Python at you.

  3. #3
    Join Date
    Oct 2014
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    7,087

    Default Re: Unique Case - What Type of Lawyer Do I Need in This Situation No One Seems to Kno

    First, let me start with an observation: the benefits your sons are getting are THEIR benefits, not your benefits. Being a representative payee (RP) for your kids means you take care of the money to provide for THEIR benefit. Thus, whether it is you or your ex being the RP, those funds should be used for the benefit of the kids. So since this not your money and the change of RP is not reducing your benefits at all, what exactly is problem you have with the change of RP, other than just not liking that your ex is now doing the job you used to do? In other words, if the money is being used for the kids' benefit then what is your problem with it? And if you think she is using the kids' benefits for herself, can you prove that?

    I realize that you think the SS office is biased against you on this, but that is probably not the case. You yourself have a bias in this against your ex, so it's not surprising that you think she did something underhanded and got someone at SS to go along with her. But in most situations with ex spouses and ex lovers it is rarely the case that the ex is as bad as the person paints the ex to be. People looking at the situation objectively will often see it differently than the two ex spouses/lovers paint each other. In other words, it is quite possible that SS simply sees this situation and your ex differently than you do.

  4. #4
    Join Date
    Sep 2018
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    3

    Default Re: Unique Case - What Type of Lawyer Do I Need in This Situation No One Seems to Kno

    Quote Quoting BooRennie
    View Post
    Who has primary custody?
    We are 50/50

    Quote Quoting Taxing Matters
    View Post
    First, let me start with an observation: the benefits your sons are getting are THEIR benefits, not your benefits. Being a representative payee (RP) for your kids means you take care of the money to provide for THEIR benefit. Thus, whether it is you or your ex being the RP, those funds should be used for the benefit of the kids. So since this not your money and the change of RP is not reducing your benefits at all, what exactly is problem you have with the change of RP, other than just not liking that your ex is now doing the job you used to do? In other words, if the money is being used for the kids' benefit then what is your problem with it? And if you think she is using the kids' benefits for herself, can you prove that?

    I realize that you think the SS office is biased against you on this, but that is probably not the case. You yourself have a bias in this against your ex, so it's not surprising that you think she did something underhanded and got someone at SS to go along with her. But in most situations with ex spouses and ex lovers it is rarely the case that the ex is as bad as the person paints the ex to be. People looking at the situation objectively will often see it differently than the two ex spouses/lovers paint each other. In other words, it is quite possible that SS simply sees this situation and your ex differently than you do.
    I'm sorry that I seem to have upset you but you couldn't be more wrong. I understand completely that those are not my benefits and that they are to benefit my children. In fact, I specifically stated that. They are to be used to their benefit paying for a portion of the roof over their head, expenses related to them, their entertainment and enrichment, Etc. I pay for everything those kids have including all of their clothes, lessons, etc. As I am fully disabled I would not be able to provide these things for them without it. While my ex is technically responsible for paying ME child support, I declined it and simply want to co-parent amicably as I harbor no animosity whatsoever. For the sake of this thread, let's just give me the benefit of the doubt and consider me the good guy since she has the negative history and is currently facing 32 contempt charges with another 20 which have not been filed.

    As for my opinion being misguided or emotionally clouded where the decision of the supervisor is concerned, I'm referring to actual violations of Department regulations which occurred. Not hurt feelings.

    That said, if you're able to contribute to this thread by answering my question, that would be fantastic. I certainly was not looking for your read on a meeting you were not present for. Thank you for your input, but I need a lawyer.

  5. #5
    Join Date
    Oct 2014
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    Default Re: Unique Case - What Type of Lawyer Do I Need in This Situation No One Seems to Kno

    Quote Quoting Tax
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    I'm sorry that I seem to have upset you but you couldn't be more wrong.
    Quite the contrary, I'm not upset at all. I was just pointing things that I have seen in my experience as something for you to consider. Going in claiming that the SS officials are biased is not a good strategy unless you have proof to back it up. As I read your post, you are only guessing at that because SS sided with your ex and may have applied the criteria from agency regulations or policy incorrectly. Not following the regs/policy does not automatically mean bias. It can happen simply due to the official not knowing the rules, overlooking them, whatever. In other words, it could simply be a mistake rather than some collusion with the SS office. Likewise, unless you have actual proof, I certainly would not recommend going into the agency and accusing the official of having a sexual relationship with your ex. If it turns out it is not true, you taint your credibility with the agency and you open yourself up to a defamation suit.

    Quote Quoting Tax
    View Post
    I understand completely that those are not my benefits and that they are to benefit my children. In fact, I specifically stated that. They are to be used to their benefit paying for a portion of the roof over their head, expenses related to them, their entertainment and enrichment, Etc. I pay for everything those kids have including all of their clothes, lessons, etc. As I am fully disabled I would not be able to provide these things for them without it. While my ex is technically responsible for paying ME child support, I declined it and simply want to co-parent amicably as I harbor no animosity whatsoever. For the sake of this thread, let's just give me the benefit of the doubt and consider me the good guy since she has the negative history and is currently facing 32 contempt charges with another 20 which have not been filed.
    You did not answer the question that I asked: why is it that having your ex as RP is a problem? You've stated that you lost being RP, but that alone will not win you back as RP for the kids. Apart from not liking the switch, what actual harm or problem is caused by the switch? I'm asking that question because in order to go to court over this you have to show that you have some personal stake in this or, if you are appealing on behalf the kids, you have to show they are being harmed in some way. Just not liking it is not enough. You have to be able to show some harm to you or your kids and so far you have not spelled that out.

    Quote Quoting Tax
    View Post
    As for my opinion being misguided or emotionally clouded where the decision of the supervisor is concerned, I'm referring to actual violations of Department regulations which occurred.
    What regulations specifically were violated? Make sure that you are looking at actual regulations rather than simply agency policy. The latter generally does not give you any rights for which you can sue.

    If you need a lawyer, what you want is a lawyer experienced in litigating adverse federal agency decisions in federal court, preferably one with some experience with SS RP decisions though that will be a very tough search to go that specific. The problem here is that the lawyer is almost certainly going to charge you by the hour. I don't know the typical hourly rate is in your area, but where I am you could expect at least $250/hour. Even if there is an internal agency appeal for you before heading to court, that agency appeal alone will likely cost you several thousand dollars in fees. And if you have to go to federal court, you can be looking at tens of thousands of dollars to fully litigate the matter in federal court. And you don't get those legal fees back even if you win.


  6. #6
    Join Date
    Sep 2018
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    3

    Default Re: Unique Case - What Type of Lawyer Do I Need in This Situation No One Seems to Kno

    That's great advice. Thanks EJay

  7. #7
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    Oct 2006
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    Default Re: Unique Case - What Type of Lawyer Do I Need in This Situation No One Seems to Kno

    Quote Quoting Tax
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    That's great advice. Thanks EJay
    Personally, I think that you should file to establish mom paying child support to you if you have a true 50/50 timeshare.

  8. #8
    Join Date
    Mar 2013
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    16,667

    Default Re: Unique Case - What Type of Lawyer Do I Need in This Situation No One Seems to Kno

    Quote Quoting Taxing Matters
    View Post

    what actual harm or problem is caused by the switch?
    This:

    Quote Quoting Tax
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    paying for a portion of the roof over their head,
    Likely part of the money contributes to his own living expenses.

    Quote Quoting Tax
    View Post
    While my ex is technically responsible for paying ME child support, I declined it
    Undecline it. You'd be better off (and would probably be more successful) going back to court and petitioning for child support rather than spend thousands pursuing the SSA when chances (realistically) of reversing the decision are slim to none.

  9. #9
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    Oct 2006
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    15,112

    Default Re: Unique Case - What Type of Lawyer Do I Need in This Situation No One Seems to Kno

    Quote Quoting adjusterjack
    View Post
    Undecline it. You'd be better off (and would probably be more successful) going back to court and petitioning for child support rather than spend thousands pursuing the SSA when chances (realistically) of reversing the decision are slim to none.
    I dunno Jack, if the OP is being honest and its a true 50/50 timeshare I am not at all sure that it would cost anything to contest mom being given rep payee. The SSA has procedures for that.

    However I also agree that dad should absolutely be filing for child support as well if he is being honest and its a true 50/50 timeshare.

  10. #10
    Join Date
    Jan 2009
    Location
    California
    Posts
    1,031

    Default Re: Unique Case - What Type of Lawyer Do I Need in This Situation No One Seems to Kno

    If you keep fighting SSA about this, SSA may decided that neither parent is a suitable payee and put all benefits in suspense to pay to the kids directly when they turn age 18.

    If you think it is inequitable, file for child support. Family court is the place that those inequities are fixed, not the SSA office.

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