Is it possible to get backpay for my SSI and SSDI benefits for autism dating all the way back from age 6 to age 25?
My mom has been my representative payee for all years until i tried to get my own Direct Deposit. I passed the interview, and I can handle money. I cant work with aspergers syndrome (autism). But at SSA they told me my monies shouldve been going to a 2nd bank account under my moms name as (Amy Rios, representative payee for Moses Rios). But my mom had it going to her bank account all this time and lied to me my whole life, she lied saying:"Because I am your parent, that money MUST go to my only Checking Account in my bank. The 2nd bank account reserved for both SSI and SSDI is only created if you was raised under anyone else than your biological mom or biological dad".
Judith2020-03-07T22:36:57Z
No.
No benefits for SSI are payable before the month/year the claim is filed.
As for social security, 12 months retroactive before month/year the claim is filed in some disability cases. Survivor benefits - 6 months. No retroactivity for retirement benefits unless a person is over full retirement age and then it is 6 months at the most - the person must be over full retirement age for all 6 months.
The money has been paid out. If you've been housed and fed then there is no misuse of benefits by your payee. SS does not pay out benefits twice for the same period of time. Your payee's mental status is immaterial IF your basic needs were met.
No The money was paid You are due no back pay. Did she put a roof over your head? Feed you? Clothe you? Buy you toys? Take You to the doctor? Then it was spent on your care. The checking was named wrong. You were provided care. You got the benefit.
If she was your representative payee, she should have known she needed a separate account it is detailed in all the information she received. She accounted for the money spent annually.
If you think as an adult she didn't provide you care, you can sue her. You might or might not win, but your relationship with her will be over. Is it worth that to you?
"My mom has been my representative payee for all years until i tried to get my own Direct Deposit. "
Sounds normal
"I passed the interview, and I can handle money. I cant work with aspergers syndrome (autism). "
Very odd that you would qualify for disability with only aspergers (or whatever they call it now). Even more so if you were deemed fit to handle your own finances. Most of the time aspergers alone is not going to be considered severe enough to qualify. As the majority or people with aspergers are fully capable of holding down a full time job with little or no support.
"But at SSA they told me my monies shouldve been going to a 2nd bank account under my moms name as (Amy Rios, representative payee for Moses Rios). But my mom had it going to her bank account all this time and lied to me my whole life, she lied saying:"Because I am your parent, that money MUST go to my only Checking Account in my bank."
I don't know enough about how that works (or is supposed to work) to say whether or not that's illegal or not. If she was using the money for your care, I don't see where it would be a requirement to have that money go into it's own account. However, at the same time it could be valid, the government loves to make things more complicated than they need to be. Also If those names you used are actual real names, I'd definitely remove them.
At any rate you wouldn't be due any back pay if the appropriate amount of money was already paid out to your payee.
While I can see your argument from age 18 forward, before that you were a minor under supervision of your mother and the money should have gone to her to spend for your needs. Now if you have fixed the problem and are getting the money into your account, before you try to punish your mother, consider if you have been living with her rent free for these years. If so I would suggest you let the matter go. Also if you are getting all of your money to live on, will that include you paying partial rent and heat and light bills? Think about what you are doing before you do it.