Legal Question in Social Security Law in Pennsylvania
Parental benefits for son who is ward of state
My disabled brother was made a ward of the state back in the 1960's. He is now 48 and living in a group home designated by the state. My father has passed away and his SS benefits are being split between my mother and my brother. My mother is in fear of loosing her home where my brother has excess funds that are being spent for luxury items.
My ?.
1) Is my brother still considered a ward of the state...if so still intitled to father's SS benefits.
2) Is there some way benefits could be disbursed differently so my mother could obtain the excess my brother recieves.
thank you
1 Answer from Attorneys
Re: Parental benefits for son who is ward of state
First, your father's benefits ended with his death. There is no 'account balance' from which your family is receiving SS benefits.
Your mother is probably receiving Widow's or Survivor's Benefits. Your brother may be receiving survivor's benefits or SSI. If he is disabled he should continue to receive some SS benefit.
I expect that your brother's money is being administered by a representative payee. I doubt that it will make any difference but you can speak to your brother or his Rep Payee about how he spends his money.
1) I have no way of knowing whether your brother remains a ward of the state.
2) Survivor's benefits are distributed to survivors according to a formula in the Social Security regulations. The regulations do not consider need.
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