The SSI recipient, a 2-year-old child, has received a $100,000 medical malpractice
award. The court order requires that the child's parents petition the court for withdrawal
of funds. The parent/payee alleges that a recent petition for withdrawal of funds
The CR asks the payee to submit evidence of the petition in question and all prior
petitions. Examining the evidence, the CR concludes that all but one petition for
withdrawal of funds were approved for the general support and maintenance of the child.
The court denied one petition, citing the intended use of the funds. The court characterized
the intended use as “nonessential for the child's care.”
Since the one denied petition does not negate the presumption that the funds are available
for the child's support and maintenance, the CR concludes that the funds are a resource
for SSI purposes.