B was the mother of J, a child born to her out of wedlock. Both lived in Louisiana. B became the representative payee for J’s social security disability benefits. J was mentally incompetent. Most of his needs were met by a VA pension and VA hospital benefits.

B was needy and sought to use part of J’s benefits for her own needs. This was allowed because under Louisiana law J had a legal obligation to support a needy parent and his own current maintenance needs were being met.

See Social Security Ruling (SSR) 68-33.

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.