Deceased back pay taken?

[mixboy400]

What is the name of your state (only U.S. law)?
Okay, my mother was awarded back pay by disability and didn't receive it until 2 days after her death. We left it in there a month to make sure SSI wouldn't take it back, as soon as we transfer it they recover the money, and now we have nothing to live off of. So can Disability Back pay be taken back after she was awarded it before she died but didn't receive it until her death...

 

[Proserpina]

What is the name of your state (only U.S. law)?
Okay, my mother was awarded back pay by disability and didn't receive it until 2 days after her death. We left it in there a month to make sure SSI wouldn't take it back, as soon as we transfer it they recover the money, and now we have nothing to live off of. So can Disability Back pay be taken back after she was awarded it before she died but didn't receive it until her death...

Why are you living off of it? Are you a minor?

 

[justalayman]

they cannot issue a check to a deceased person. If anybody is owed the money, her estate is. They are different entities.

and by "we left it in there"

do you mean you left it in your mothers bank account? If so, by what legal right did you remove money from her account?


to this:

and now we have nothing to live off of

are you (and the others is the "we") minors? If not, you can get jobs to pay for your expenses. If minors, where is your father? Has anybody contacted child protective services?

 

[mixboy400]

Why are you living off of it? Are you a minor?

I am 19 years old still in school, my dad has a seasonal job...

 

[Proserpina]

I am 19 years old still in school, my dad has a seasonal job...

Looks like you need to get a job and Dad might need two jobs.

That aside - the back pay should be owed to the estate. Dad will need to get in touch with SSA and speak with them.

 

[justalayman]

It sounds like dad needs to get a job that isn't seasonal and sorry to say but you may have to get a job as well. You wouldn't be the first 19 yo that went to school and worked.

 

[mixboy400]

they cannot issue a check to a deceased person. If anybody is owed the money, her estate is. They are different entities.

and by "we left it in there"

do you mean you left it in your mothers bank account? If so, by what legal right did you remove money from her account?


to this:

are you (and the others is the "we") minors? If not, you can get jobs to pay for your expenses. If minors, where is your father? Has anybody contacted child protective services?

Okay it is my mothers and Fathers account...My mother was awarded disability She started to receive checks but had to wait on her backpay...She died on the 30th and recieved the money on the 2nd Now I am a 19 year old still going to school, and my Step-father who is taking care of me... He left the money in there over a month, he asked SSI was it clear they said yes... He transfered the money to saving account, and they recovered it.. Now we have 0 money even when he working, because he is struggling. And I can't find a part-time job.

 

[Proserpina]

Okay it is my mothers and Fathers account...My mother was awarded disability She started to receive checks but had to wait on her backpay...She died on the 30th and recieved the money on the 2nd Now I am a 19 year old still going to school, and my Step-father who is taking care of me... He left the money in there over a month, he asked SSI was it clear they said yes... He transfered the money to saving account, and they recovered it.. Now we have 0 money even when he working, because he is struggling. And I can't find a part-time job.

Again, her husband - your stepfather - needs to contact SSA.

From memory, they should reissue the amount to the estate.

(Unless the rules have changed recently)