CanI get money from my dad for taking my social security checks whenI was a minor and not living with him?

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CanI get money from my dad for taking my social security checks whenI was a minor and not living with him?

I lived with my dad until I was 15 and then lived with other family members. But he continued to collect my social security checks from my mom’s death until I turned 18. Can I do anything to take this money back from him?

Asked on April 21, 2011 under Family Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This all depends on how old you are now and if there is a statute of limitations at all regarding either what would be considered overpayment of social security benefits or social security fraud. To ensure you get the money or somehow work this out along with the Social Security Administration, talk to an attorney who can help you determine if both your father and the Social Security Administration were at fault. The Administration should have protocols in place to ensure the person for whom the check benefits actually gets the benefit, so if you were living with other family members, it brings up other issues. Did the other family members claim you as a dependant? Did your father? Did your family members become your guardian for school purposes? Did your address change for school purposes? Your issues brings up other items so you really do need to sit down with counsel and figure out what your options are now.


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