B was confined in a Veteran’s Administration hospital for mental illnesses. His sister, L, was the representative payee of B’s Social Security benefits.

B’s needs were being fully met by the Veterans Administration, which also allotted him $30 per month of spending money.

L inquired of the administration whether she could apply a portion of B’s benefits to the support of their mother, M. M lived at L’s home.

Social Security payees must apply cash benefits for the use and benefit of the beneficiary. Under certain circumstances, these benefits can be used for the needs of a person whom the beneficiary is legally obligated to support.

Under applicable state law, B was legally obligated to support a needy parent if he had the means to do so. A decision of the highest state court had held that an insane son who had sufficient property was obligated to provide support for his father who was unable to maintain himself.

It was held that L could apply a portion of B’s benefits for their dependent mother’s support.

See Social Security Ruling (SSR) 65-54.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.