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WEST VIRGINIA RECORD

Thursday, April 25, 2024

Mother, daughter sue man over dependent benefits

HUNTINGTON - A mother and daughter are suing a man they claim wrongfully received dependent benefits and caused them damages.

Nina A. Blackwelder Williamson is the daughter of Natalie A. Blackwelder and Wade T. Blackwelder, according to a complaint filed July 3 in Cabell Circuit Court.

Williamson claims her parents' marriage ended in divorce in 1997 and in December 2010, she moved to North Carolina to live with her father.

The living arrangement did not work out and in January 2011, Williamson moved back to Huntington with her mother, according to the suit.

Williamson claims while she was living with her father, he filed for Social Security retirement benefits and dependents benefits and began receiving them.

After Williamson returned to Huntington, Wade Blackwelder continued to receive and retain the benefits of Williamson's behalf until October, according to the suit.

Williamson claims Wade Blackwelder received approximately $1,100 per month in dependents benefits, and the total amount he received and retained was more than $23,000 that should have been paid to Natalie Blackwelder.

During the period that the defendant received and retained Williamson's Social Security benefits, "he did not use those funds for her benefit or well-being, nor did he place them in trust or otherwise segregate them from his own personal funds in order to ensure that they were used for his daughter's benefit and well-being," according to the suit.

The plaintiffs claim Natalie Blackwelder was forced to incur medical expenses and other costs and expenses for and on behalf of Williamson that would have been paid for in whole or in part by Williamson's Social Security benefits.

Wade Blackwelder's conduct was willful, wanton, reckless and malicious toward the plaintiffs, according to the suit.

The plaintiffs are seeking compensatory and punitive damages with pre- and post-judgment interest. They are being represented by Jeffrey V. Mehalic of the Law Office of Jeffrey V. Mehalic.

The case has been assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 13-C-461

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