Two sisters who spent their lives in and out of the foster care system say the County of San Diego took their social security benefits.
The girls, now 11 and 13, filed a lawsuit against San Diego County alleging the County unlawfully took and used their Social Security survivor’s benefits in “a manner violating both federal and state law.”
According to the lawsuit, while the kids were in foster care and the County was acting as their legal guardian, the County applied to the Social Security Administration to be the children’s representative payee. The lawsuit says, “despite the fact that Federal, State, and County sources already appropriate money to Defendant for the care and maintenance of foster children like Plaintiffs and in violation of, inter alia, state laws requiring such benefits to be spent in ways that benefit the child, not the Defendant.”Some have disabilities and qualify for Supplemental Security Income or have lost a parent and are eligible for survivor’s benefits.
Amy says both the girls current and future needs, interests, and aspirations require financial support. Both girls are receiving therapy and intend to continue mental health treatment. Some treatments have costs that aren’t always covered. In a statement the spokesperson said, “In March 2022, the county stopped evaluating Survivor’s Benefits as income during reassessment. There has been no change for SSI benefits due to SSI restrictions. If the county is the payee to the Survivor’s benefits, the county has maintained a reserved account for the youth until the youth reaches 18 years of age, exits Foster Care, or there is a new representative payee.
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