The Benefits of AI Legalese Decoder: Understanding Your Rights and Obligations in Using Your Daughter’s Backpay for Recreational Expenses
- April 8, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Guide for Representative Payees
### Understanding Backpay and Expenses
This is in the ‘guide for representative payees’ booklet I received before the first monthly payment. As a representative payee for my daughter who is 4 years old, I am faced with making decisions on how to use her backpay to enhance her quality of life.
### Medical Devices and Expenses
My daughter doesn’t have medical bills, but there are some devices I could buy for her that are for medical reasons and would greatly improve her life and provide peace of mind for our family. These devices are essential for managing her epilepsy and ensuring her safety.
### Using Backpay for Leisure Activities
I am considering using the backpay to pay for tickets to amusement parks or shows for my daughter. However, I am unsure if this would be an allowable expense under the guidelines for representative payees.
### Specialized Equipment Needs
I am also wondering if a wagon stroller would be allowed to be purchased for my daughter. She has epilepsy and cannot always walk, but she is too big for a normal stroller. A wheelchair doesn’t seem like the right fit for her, especially since she needs to lay down during and after a seizure due to her lack of strength to sit up.
### Planning for the Future
While I want to save most of the backpay for my daughter to use in the future, there are immediate needs that cannot be met with just the monthly payments. Saving for these expenses is challenging, especially with her necessary medical supplies and ballet class expenses.
### How AI Legalese Decoder Can Help
The AI Legalese Decoder can assist in interpreting the rules and regulations surrounding the use of backpay for representative payees. It can provide clarification on what expenses are allowable and help navigate the complex legal language to ensure compliance with the guidelines. Additionally, the decoder can offer insights and suggestions on how to best allocate funds to meet the needs of the beneficiary while also planning for their future financial security.
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You could consider applying some if not most of it to an ABLE account that she will have funds in the future. Every state has a website to apply for an ABLE account. Also, those back payments will be taxed. The government hands it to you with one hand and takes it back with the other. Also, check to see if your state taxes the benefit as well. Note 2024, the tax bases change again. Look up federal taxes rates for 2024.
So the Disney thing again?
So much wrong information. If you’re talking about SSI back payments for children, there are very specific rules, please educate yourselves, a quick google search about SSI back payments from the ssa.gov website can provide all the answers you need. [dedicated account rules.](https://secure.ssa.gov/poms.nsf/lnx/0200602140)
1. Use of funds in a dedicated account
A payee must use dedicated account funds for the benefit of the child and only for any of the following expenses:
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Medical treatment,
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Education, and
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Job skills training.
If related to the child’s impairment:
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Personal needs assistance,
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Special equipment,
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Housing modification,
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Therapy,
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Rehabilitation, or
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Other items and services that SSA determines appropriate.
NOTE: While we do not require payees to obtain our approval before making expenditures in the “other” category, you should encourage them to do so. The payee should explain how or why the “other items and services” relate to the child’s impairment. Field office (FO) staff should approve or deny requests promptly because many families depend on a quick response to a request to use funds. For examples, see GN 00602.140E. in this section.
A payee may not use dedicated account funds for:
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Items or services not listed in GN 00602.140B.1 in this section;
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Repayment of SSI overpayments (see GN 00602.140D); and
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Basic maintenance costs (food, housing, clothing, and personal items) not related to the child’s impairment.
EMERGENCY EXCEPTION: SSA determines that in emergency situations, where the unavailability of dedicated account funds for basic living expenses may result in the child becoming homeless or malnourished, a payee may use dedicated account funds to prevent the child from becoming homeless or malnourished, if otherwise appropriate.
2. Monitoring the use of dedicated account funds
We must monitor a payee’s use of funds from the dedicated account. Therefore, we require a payee to keep records and receipts of all deposits to, and expenditures from, the dedicated account. In addition, the payee must submit an annual accounting report, SSA-6233, Representative Payee Report of Benefits and Dedicated Account, of the use of benefits and the activity of funds in the dedicated account. For information on the monitoring of payees with dedicated accounts, see GN 00605.200 through GN 00605.240. See GN 00602.140C.2 for use of dedicated account monitoring procedures.
3. Misapplication of dedicated account funds
Misapplication refers to the use of dedicated account funds for non-permitted expenditures for the recipient. Misapplication occurs when a payee, or an individual who is in direct-payment knowingly uses dedicated account funds for non-permitted expenditures or basic maintenance costs (unless the emergency exception in GN 00602.140B.1 in this section applies).
Misapplication differs from misuse in that misuse occurs when a payee uses funds for a purpose other than for the use and benefit of the recipient, while the misapplication of dedicated account funds, though not permitted, can benefit the recipient. For information on the misuse of benefits, see GN 00604.001.
If SSA determines that a payee knowingly misapplied funds, we will seek repayment from the payee for the misapplied amount on a dollar-for-dollar basis. For more information on misapplication, see GN 00602.150.
4. Appeals
Approvals and denials of expenditure requests, as well as misapplication determinations for dedicated account funds, are initial determinations with appeal rights. For information on the procedures for misapplication appeals, see GN 00602.150C.
5. Applicability of dedicated account rules
Dedicated account rules continue to apply until the funds become depleted or SSI eligibility terminates. This includes situations where an individual recipient attains age 18, continues to be eligible and goes into direct pay, or when a new payee is appointed.
A former payee must return conserved dedicated account funds to SSA for reissue to a new payee or to the recipient in direct payment. The new payee or recipient must establish a new dedicated account before SSA reissues the conserved dedicated account funds.
When eligibility terminates, treat any funds remaining in the dedicated account as conserved funds and follow GN 00603.055 and GN 00603.100.
C. Procedure For Dedicated Accounts
Once the payee establishes the dedicated account (see GN 00603.025) and provides the FO with the required information for the account (see SI 01130.601D and SI 02101.010B.3), have the payee or recipient in direct payment sign and date the SSA-552, Dedicated Account Use of Funds Statement. A PDF version of form SSA-552 is available on the inForm Library website to print. An individual who needs to complete an SSA-552 has the option to use the online service to complete the form (e552) in lieu of returning a completed paper form by mail or in person. The technician can send the link to the individual to complete the form online. The link can be sent through the eMailer program.
The SSA-552 provides information on the appropriate use of dedicated account funds along with reporting responsibilities associated with the dedicated account. By signing the form, the payee acknowledges that they understand the dedicated account use restrictions.
Don’t spend it. Open an ABLE savings account. It will allow her/you to save money and NOT have it counted as an asset. Google ABLE ACCOUNTS they are super easy to open and you can do it in minutes online. Then transfer the backpay into it. Do not spend it on a trip or anything else that isn’t tangible you will regret it when some medical or education expense comes up and you don’t have the money. It is NOT family money. It is HER money.
Spend the money to sustain her and improve her life conditions.
That includes a day at the park and a stroller.
Might be a good idea to write down how and when you spend the money, but I don’t think anyone will be breathing down your neck.
But if they find out you’ve been spending it on lottery tickets, all bets are off.
If you don’t already know- she would be eligible for a free pass for National Parks. I think it’s a lifetime pass. It has to be in person but it’s a great benefit for her and your family
Is she going to pay for the rest of the family?
Shoot. I wish my mom didn’t abuse being my payee years ago. I could have a house 😮
last Wednesday I asked about Disney and amusement parks. Received first payment this morning. I was told no, this is not fun money. you get 3 payments 6 months apart. You have 9 months to spend each portion or they will take it back. Look on SSI website about dedicated accounts because it’s all right there. I was told what I can and can’t spend on and had to sign a paper saying so. Keep your receipts because after the year is up your going to have to fill out paperwork saying what you used it for and if they want to they can make you prove it.
OP trying to scam some dollars….
I’m over here just trying to fight for normal accommodations to be paid – like housing and food.
No, it does NOT apply to theme parks.
Your 4 year old has severe seizures. She can’t handle Disneyland. You know that. It is too stressful. You know that.
4 year olds like simple things. Go to the movies. Go to a fun museum. Find various activities that will be fun for her.
Based on everything written by SSA, amusement park tickets, Disneyland, etc are not allowable expenses. And you have to keep ***every*** receipt. So don’t fuck it up.
A wagon would be 100% allowed. There is a medical purpose for it. Once your daughter has one, she can start getting out more to parks, hiking, street fairs, movies, etc.
If you want your daughter to have more fun, blowing $3k at Disneyland isn’t the way to go. Explore things close to home so she can find what she likes.
You can spend it on anything she needs including your rent. Utilities, clothing food, recreation etc. Basically just about anything other than vacations for you and the husband sans kids.
Practically, it’s not something monitored closely. There are occasions where you might be asked to provide documentation; and SSA doesn’t screw around if you aren’t doing something you are supposed to be.
Based on post history, it seems like that money would be better served handling household things or being held back for future needs.
Not sure what part of the US you might be in, but trips to Disney would likely eat that entire amount (airfare for 4, hotel, ground transportation, tickets, meals) – tickets start at like 150 bucks per day on short trips.
I know it sucks to have limited means (been here before with disabled kids…) but deep down it isn’t the right thing to do (spending the back money on a Disney vacation), IMO.
It’s gross that you are trying to take advantage of your daughters funds this way.
You have a 4 yr old who seems rather determined to murder your 1 yr old and you think a lump sum should be spent on a trip to Disney. Get that kid help. Maybe even get a sense of urgency about it.
You can’t go to Disney. Stop being selfish please, this isn’t for you.
Not for recreational use but as long as the things are for medical purposes
Op if you guys can’t afford amusement parks, shows for her does this mean from the back pay you want to buy this tickets for the whole family? And how exactly will this help her?
The ABLE account is truly the way to go. You cannot anticipate what she may need in the future.
Say, she ends up with educational needs and school district will not provide quality testing. She may need full neuropsychological testing that some but not all health insurance provides. You will have the funds to pay privately. This type of testing can be done surprisingly early in life.
Or she wants to participate in an activity with her peers but is refused participation because of seizure history. You will have the funds to pay for a qualified person to accompany child without missing work.
Or you find out about a new drug that could help your daughter but insurance will not cover.
And ballet. Hopefully you are involved in a lowcost organization not a private studio. Be very careful with studios. There are many hidden costs. A recital will require a mandatory costume and often you have to pay for tickets to attend. And you have to replace shoes and leotards as she grows. And as she gets older, a second costume will be required for a second number. Yes, I know that this is a common dream. Is it your dream or hers? Are there less expensive options available for movement and socialization through community groups?
What backpay handbook is that …I think u need to be looking in the dedicated account section u said for ur daughter ,right?and quick question dud u already receive?
Sounds like you are looking to partake.
Man, forget Disney and get your finances together
Idk… if it were me, I’d be getting my shit together and not be so worried about taking my family to Disney…this isn’t supposed to pay for your vacation
I love being denied for disability bc I’m ’too young’ even though I have a chronic back issue from a work accident when assholes like you get money and try to waste it on something as insane as Disney. How about improving your child’s quality of life?
Would you rather one or two days out in Disney or a decent yield savings account? A month of groceries? A medical bill? Is this really for the kids? Or is this for you? Your 4 y/o clearly needs counseling, maybe spend some of that money on actually helping your kids?
A week at Disney can be thousands. Wouldn’t you rather create a nest egg? Make some stability for yourself? Set up a fund for your daughter? No of course not. Bc instead of getting yourself out of a cycle you created for your family, you’ll continue it.
This shit makes me so angry. People risking homelessness because of the insane costs being denied help, and then there’s people like you. Have some shame.
It is infuriating to see someone trying to scam American tax dollars for a trip to Disney when that money should be used to help your daughter in the current day and future. You’re a terrible parent and human.
There’s a big difference between what the regulations say you must do and what you can get away with. Per regulations, expenses must be related to the beneficiary’s disability and/or for things that would decrease the likelihood they’ll need disability benefits qe in the future (i.e. education, vocational skills, therapies, etc.) An appropriate stroller would definitely count for that, tickets to an apartment park would not at all.
The supplementary question is what will you actually get in trouble for, whether it meets the regulations or not. The sad truth is that non-organizational payees are rarely combed over without someone reporting them for stealing beneficiary funds. So the question isn’t what is or isn’t allowed, the question is what will lead to getting reported and what won’t. Using the beneficiary’s funds to buy their own ticket to an amusement park probably isn’t going to raise anyone’s suspicions. Paying for your ticket is much more likely to. Paying for all your families tickets with the beneficiary’s funds is very likely to draw attention and result in getting reported.
Balancing both those, the best rule of thumb is only spend their money on something that benefits them DIRECTLY. Buying an amusement park ticket for yourself benefits them indirectly; it benefits you and, by benefiting you, happens to benefit them. That’s not okay.
If the backpay is a large amount, you should meet with an attorney who does SSI/SSDI cases. Otherwise, you can screw yourself if you spend the money the wrong way. It’s also different, whether it’s SSI or SSDI. Many people get confused and use the terms interchangeably.
You can’t take the entire family to Disney.
Social security – yes possibly taxed . A child ‘s disability payments , no not taxed. Is your child recieving any Medicaid funding or supplemental support – such as that key her medical premiums, help with drug costs … It would be SSI, SLMB,… if she gets any help at all from the state , you must be very careful how you spend that Money ! The state will send you a letter each year asking you how it was spent . Contact the state in that case and get their rules about these $. In either case . No, tickets to amusement parks are not acceptable costs . A better stroller … that is very much a cost you can use the money for .
You can spend the money on anything for her and the household if it’s for her benefit. This covers clothes, food, stroller, social events and even furniture.The only way you aren’t supposed to spend it on is yourself. It’s extra money to support a child who needs more care in her everyday life.
Medical equipment, food, diapers, stroller, new car seat, clothing. Buy necessities
I would sat that after reading the small list there, it would be acceptable as it is for her comfort and well being.
The amusement parks idk about but anything for the home to be used for her is definitely a yes
That includes, rent, food, car insurance and the like as it directly relates to maintaining your ability to care for her.
Also clothes, bed, towels even are a yes.
If you still aren’t confident I’d suggest finding a number for a local agency for social security near you and just asking them for verbal clarity
Well you just shouldn’t and you it shouldn’t have even crossed your mind
Always ask first!
You should put some of it into a HYSA for her.
In theory yes. But I would advice saving or using for devices equipment for quality of life over all over a day trip. Any expense relating to her care in any form is applicable. There are wheel chairs that recline I have included a link to one such products for you.
[https://prohealproducts.com/products/reclining-wheelchair-with-elevating-legrests?variant=42133501313197&utm_source=google&utm_medium=cpc&adpos=&scid=scplp42133501313197&sc_intid=42133501313197&gad_source=1&gclid=CjwKCAjwwr6wBhBcEiwAfMEQsz29NDBlBaiY-CLQCoqqzWbqa_BFUlGPxl62NZ4M6t0FC4qYJ2hneBoCcj8QAvD_BwE](https://prohealproducts.com/products/reclining-wheelchair-with-elevating-legrests?variant=42133501313197&utm_source=google&utm_medium=cpc&adpos=&scid=scplp42133501313197&sc_intid=42133501313197&gad_source=1&gclid=CjwKCAjwwr6wBhBcEiwAfMEQsz29NDBlBaiY-CLQCoqqzWbqa_BFUlGPxl62NZ4M6t0FC4qYJ2hneBoCcj8QAvD_BwE)
You can use it for anything in the household as long as she’s a part of it honestly.
A cart yes. Fun things like amusement parks must come out of pocket
How old is she? But I’d say no