We are in the process of adopting our fd who has lived with us for over a year. Her mom agreed to TPR last month but the judge still hasn't issued her official ruling as of yet (any day now). During the time she lived with us Biological-mom applied for SSI for fd. We had reservations about Biological-mom doing it, but had no choice in the matter and took fd to all of the appointments with the doctors over the last year to see if she is going to qualify. Last week we received a phone call stating that her SSI worker was looking for Biological-mom and that fd was going to receive SSI benefits. My question is, since Biological-mom applied for the benefits and the TPR isn't completely official yet will Biological-mom receive the "back pay" lump sum? Her SSI worker couldn't give me any information beyond needing info about where Biological-mom was and fd's social worker still hasn't responded to my phone calls or emails. My husband and I are concerned as we feel Biological-mom will use the money for all the wrong things and not put it towards fd's care like it should be.
I could be wrong but the way I understand it is that Yes, Biological mom will be the one to receive the back payment (if there is one). However, it is likely to be garnished first if the court ordered her to pay child support while her child was in foster care. And, any of that lump amount she receives is intended to RE-pay her for her own out of pocket expenses for caring for her disabled child up to the date the regular monthly payments begin. So there is no oversight for how anybody spends that lump sum amount, and nobody (including the worker) is likely to care how she spends it. As for the monthly amounts going forward, the state is likely to receive those, since they have legal custody of the child. If I'm wrong, hopefully someone will chime in with an amendment. Otherwise, I hope this helps you!
Our case is a little different, but may still apply. My adopted children's Biological. father receives SSI for FAS and ADHD. The state actually applied for the children's benefits and kept it in a trust account for them. They notified us suddenly of the children's eligibility to receive benefits from their Dad's SSI claim. We applied at the local Social Security office to be their payees because they were in our care, bringing along the letter from DSHS stating the state wanted us to receive the benefits. They immediately granted this and the state sent us every dime they had held. They did not take out anything for support or anything owed to DSHS because it was the children's money/benefits, not the parent's. I believe the state will likely do the same in this situation, the child is not in the Biological. Mom's care, so why should she get anything? It is the child's benefits, not the Mom's. I would call either Social Security or DSHS and straighten this out. Also, the children continue to receive their benefit after the adoption. It is a small amount ($56 per child), as the Dad did not work long, but every little bit helps. All I had to do was take in the Adoption Decree and amended Birth Certificates to change their names.