M was a widow residing in Georgia and was the representative payee for her disabled son’s social security disability benefits. Her son had been disabled since childhood and was institutionalized in a mental hospital for over 9 years. Sadly, M was destitute.

The question arose as to whether or not part of C’s benefits could be used for M’s support. Under Georgia law at the time a person was legally responsible for his or her destitute parent.

Because of this, C’s benefits could be used to support M, so long as C’s own current needs were being maintained.

See Social Security Ruling (SSR) 68-59.

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.