Find Senior Care (City or Zip)
Join Now Log In
W
windyjennies Asked March 2016

I'm trying to get disability but I'm a POA for my step dad?

I'm trying to get disability for my health I have Gastroparesis and a little learning disabilities I got denied 2 times . On the Frist time because of my learning disabilities and the second time because of my health . Before I applied for the second time my step dad made out his will and made me POA on his banking account and everything else . Because my mom had passed away and my step dad trusted me to take care of everything because I live with him . So I tried to get disability because of my health because of Gastroparesis there is not a cure for what I have wrong with me . Went to social security office and they said that since I'm on my step dad bank account that they count it as my imcome and I don't even use the money I'm just on the account in case of emergency and have to make out bills . The social security office told us that before I could get disability that my step dad had to take me off his bank account before I could get disability my step dad doesn't have any one else that can do his bills if he gets sick or pass away because he doesn't trust the other kids . We are trying to find out what is the best way to get around this can you help us out .

Katzlover Apr 2016
If you are computer savvy, why dont you just pay his bills online. The bank will help you both set this up and you can do from home. Your name doesn't have to be on his account. Look into the signature only as previously suggest and the POD, payable upon death. Good luck.

windyjennies Mar 2016
I got a lawyer to help me get disability but my stepdad still wants me to be his POA but the lawyer told my stepdad that I had to get my name off his bank account . my stepdad doesn't know what to do and we have to have this done soon. we just don't know what to do.

ADVERTISEMENT


igloo572 Mar 2016
Geez iPad mini issues.....back to post, step dad will need to get done in person at SSA whatever signed off for you to be his RP. The bank account will need to be his and his $ alone but you can be a signature on the account. You probably want to get it done POD (pay on death) to you so you have funds to use for death related expenses. Now RP has reporting requirements which have to be done and SSA has info on how to do, file, etc. your being disabled should not be an issue as it sound like your disability physical not cognitive.

Getting banking changed and being RP kinda solves a lot of problems.

About you, so you are trying to get SSDI? If that's the situation, SSDI seems to always, always be declined in initial & second application if the individual does their own application. To get it done with the least amount of issues & with success, I'd get an atty who does SS disability work. They are usually successful.

igloo572 Mar 2016
There are a couple of probable issues.....one is that the way the bank accounts are set up shows your SS # as an owner so his income shows as your income and this makes you are over whatever limits your state has for being "at need" financially; the other is you are comingling $ which is a issue for how SSA requires payments to be made.

I'm kinda surprised that SSA didn't give you the info on SSA representative payee program. Normally I'm not at all a fan on becoming an RP but since you have placed yourself on SSA radar, you & stepdad need to get you to be his RP. Now SSA does NOT recognize DPOA, so stepdad will need to inperspn

sonofoldguy Mar 2016
Wow sorry for what you're going through. Unfortunately medical and benefits administration is a complete mess.

If your step dad created the account as a joint account then everything you've heard is correct in that everything in that account is a mutual asset (not income). The best way to mediate this in my opinion (and I'm not an expert) would be to do the following:
1- Have him remove you from that account
2- Have him create a second, smaller account that you and he are "joint" on and setup a monthly transfer into that account that roughly equals his bills.
3- Have a Durable POA written up in case you need to access his other account at some point.

You can also likely accomplish the same thing through an Irrevocable Trust but you'd want to see an expert on that. They cost between $1,000-2,000 to create generally but would be a little harder to work with than what I'd described above.

I hope this helps and good luck to you.

ADVERTISEMENT

Ask a Question

Subscribe to
Our Newsletter