SS and Med. benefits stolen!

What is the name of your state? South Carolina

My mother became totally disabled in 1996. She was self employed for the last 15 years, and prior to that has worked every day of her life since she was 16. She is now 54. Her CPA filed her taxes with my step father and named him as sole proprietor on the schedule C therefore all of the ss and medicare benefits went into his account and not hers. This CPA happens to be his brother in law. All of the 1099's were soley in her name and he only helped her occasionally. The IRS will only allow you to amend your tax returns for 3 years. My step father left her 3 years ago but won't divorce her. All of their property and assets are in his name. Is there any thing we can do to get her benefits back? No one is any help in this situation so far. Thank you!

Sue the CPA for breach of fiduciary duty. They were both his clients & he had a duty to treat each person fairly. She may also be able to apply for spousal SS benefits.

I've asked the SSA about receiving his benefits and they will not give me any kind of answer as to whether we can or not. They are very evasive, totally unhelpful! I've looked through everything on their website to see if I could find anything about it but it only talks about regular SS and not disability. Then all it says is you have to be divorced for 2 years and be 62 years old to get the benefits. If you know of something I have overlooked, please let me know. Thank you very much for your reply!!

Speak to a SS benefits attorney.