getting screwed by ss

[buzz lightyear]

What is the name of your state?il
help!!! relatives spouse passed away 1 1/2 yrs ago she has three kids and was getting ss. her ck this month was short about $1500. she went to ss ofc, they said some else has come forward with a claim. she is 99% sure his family had something to do with it. ss told her nothing and she is getting screwed.

 

[tigger22472]

Does your friend have custody and take care of the children on her own? If so she needs to go back to the social security office and set up an appointment to speak to a caseworker. She will have to show that she has the children (school records may even work) and that she is entitled to be the payee. She will then be required to POSSIBLY file for the payee. My husband's ex did this with their child and once it was explained it was straightened out promptly. In this situation they will require the other parties to return the funds and quite possibly file suit against them if they are in fact not entitled to the funds. SS will not get in the middle of a custody or domesic suit of any kind. Have your friend point out that they are REQUIRED to have contacted her if someone else had applied to be the payee before in fact changing it.

 

[buzz lightyear]

IL. yes she did get a letter date feb 23 and recvd it feb 28th, stating whe could appeal within 90 days??? but benefits would decrease as of march 1st. the thing is she is so positive that the husbands family is up to this - no good ****! her husband passed away with 3 kids under age of 7. their house they live in for 5 years and both paid on for 5 years was just in her husbands name because of her credit score along with the van she was driving for the last 3 yrs which they made all pymnts on was taken from under her since her name was on nothing. the mother of her deads spouse called the police on her to have her evicted and turned around and sold the house. the family also had gotten his life insurance money from his employer, by having him sign it to them while his was on his death bed. the bottom line is we are sure there is no other child out there that is his and we need to know how to go about finding out who has made this false claim. he was the bio father to her 3 kids and had no more!!!! she has been collecting the 2900. for the last 1 1/2 yrs and now someone else adds to his claim, which has to be false.

 

[tigger22472]

SS may or may not say who the payee is not... and reality is, that's not important and again, they won't get in the middle of a dispute. She has been told that she could appeal the decision and that is what she needs to concentrate on.

 

[buzz lightyear]

IL / by family i mean the mother-in-law has been the one to take everything from under her and the kids. she will appeal it but how can she prove its the
mother-in-law that has come up with this false claim. and what can she do to speed up this false claim.

 

[tigger22472]

SS generally does nothing in 'fast' speed. However, once again do as I suggested. Set up an appointment with a caseworker showing she has the right to claim the children.. there maybe an investigation but that's just what she will have to endure. Again, SS may or may not tell her who the payee has been changed to.

 

[bjl1105]

If I understand the situation correctly, it appears that the deceased may have had other children, who have now come forward and applied for benefits. This would reduce the amount recieved by our client. I don't think this was a payee issue? The mother of these three children has a right to know what kind of benefits were awarded that resulted in a reduction to her children. Possibilities: other children of the deceased; or a widow of the deceased. They are not allowed to tell you WHO, but they can disclose the TYPE of benefit awarded. That might clear things up. The family maximum allowed must be divided equally among all eligible clients. If new clients file for benefits, the family maximum is divided among everyone, making your amount smaller.