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CM lawyers or ladies who know about disability

Anonymous
Posted by Anonymous
  • 18 Replies
So I have a friend that is on disability, she is 24.

Her and her boyfriend are visiting us in NC they live in GA.

Apparently her mother is her PE on her disability so the money goes to her and they won't give it to her or allow her to use it as she needs to.

They are now threatening her with taking her car away (the title is in my friends name), calling the cops on her to bring her home if she doesn't go home on her own RIGHT NOW, and not let her have her money to pay her bills.

I know nothing about disability pay outs or who they are supposed to go to, but it seems to me that everything should have been transfered into my friends name when she turned 18. I know they can't take her car legally, and I'm pretty sure the cops would just laugh at them for wanting them to collect their adult DD because they don't agree with them and won't listen.

I could understand it more if she was ever declared unfit to take care of herself or her kid but she never has. She is perfectly able to take care of herself and her kid. So im at a loss on why they have any say in what happens to her money.

So what I'm asking is what exactly are her rights and what exactly can they do to her for not listening to what they want.

She is going to talk to legal aid and the disability people tomorrow but she would like a general idea of her rights.
Posted by Anonymous on Nov. 4, 2014 at 6:33 PM
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Replies (1-10):
Anonymous
by Anonymous 2 on Nov. 4, 2014 at 6:36 PM
No experience bump
Anonymous
by Anonymous 3 on Nov. 4, 2014 at 6:37 PM
It all depends on what he disability is. She clearly isn't able to handle her own money so I am wondering what maturity level she is in. It sounds like you need to stay out of this. If the parent still has legal guardianship over her then yes the cops will just bring her home.
ladyvamp5489
by Platinum Member on Nov. 4, 2014 at 6:40 PM

well if she hasnt been declared unfit to take care of herself, they should change it to go to her, but if shes 24 and its still going to her mom, i think there is more to the story. The mom might have called and said to continue it to her and gotten some sort of paper to show it should go to her still? I think she just needs to do some research on how it works. I hope she gets it all figured out.

macbudsmom
by Ruby Member on Nov. 4, 2014 at 6:41 PM
If the SS office was never told by a professional that your friend was unable to handle her own money, she can go to any SS office today and take her mom off as payee.
Anonymous
by Anonymous 1 - Original Poster on Nov. 4, 2014 at 6:42 PM
They don't as far as I know. My friend said that its a mild disability and that they disability payments started before she was 18 and they never got switched from then. She has had a job and she was married and has a child. I'm not sure how her parents would have guardianship of her...

Quoting Anonymous 3: It all depends on what he disability is. She clearly isn't able to handle her own money so I am wondering what maturity level she is in. It sounds like you need to stay out of this. If the parent still has legal guardianship over her then yes the cops will just bring her home.
Danesmommy1
by Grammar Enthusiast on Nov. 4, 2014 at 6:42 PM
Is she fit to handle her own money? My old neighbor was in her late 30s and her sister was her payee.
macbudsmom
by Ruby Member on Nov. 4, 2014 at 6:43 PM
Also, don't assume your friend is giving you the whole truth.
Anonymous
by Anonymous 1 - Original Poster on Nov. 4, 2014 at 6:43 PM
She never has been declared unfit

Quoting macbudsmom: If the SS office was never told by a professional that your friend was unable to handle her own money, she can go to any SS office today and take her mom off as payee.
meome
by Platinum Member on Nov. 4, 2014 at 6:44 PM
That is why I think there is more to this story then she is telling you. Once she is 18yrs old they will re evaluate her and everything should be in her name. The only reason why it wouldn't be is if they where able to prove she isn't capable of caring for herself. Her parents can keep guardianship over her. I had to look into this for my severely disabled son.

Quoting Anonymous 1: They don't as far as I know. My friend said that its a mild disability and that they disability payments started before she was 18 and they never got switched from then. She has had a job and she was married and has a child. I'm not sure how her parents would have guardianship of her...

Quoting Anonymous 3: It all depends on what he disability is. She clearly isn't able to handle her own money so I am wondering what maturity level she is in. It sounds like you need to stay out of this. If the parent still has legal guardianship over her then yes the cops will just bring her home.
Anonymous
by Anonymous 1 - Original Poster on Nov. 4, 2014 at 6:45 PM
I'm not but she asked me to post on here what she told me and see what you ladies suggested

Quoting macbudsmom: Also, don't assume your friend is giving you the whole truth.
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