Help with Appealing cancellation of SSI benefits

[diaz92081]

What is the name of your state (only U.S. law)? CA

Hi, my brother has been on SSI for years. In Jan of this year he went in for a scheduled case review. He granted SocSec the right to access his bank accounts. SocSec replied by letting him know that they will be cancelling his SSI benefits for two reasons: a) He had more than $2000 in his checking account on the first min or the first day of the month. My brother may carry over $2000 in his account for about 2 days until his rent check is cashed and then he's down to about $1000. And b) they found a savings account my mom created 10 yrs ago at Bank of America with my name and my brothers SS #, the account contains $2,900. It was money I gave my mom for a rainy day. My mother passed away two years and neither my brother nor I had any idea the account existed. BofA has since provided me statements that clearly show my name and address on the account, but unfortunately, my brother's SS #. We intend to appeal...do we have a chance? Any advice? Thx,

 

[Onderzoek]

What is the name of your state (only U.S. law)? CA

Hi, my brother has been on SSI for years. In Jan of this year he went in for a scheduled case review. He granted SocSec the right to access his bank accounts. SocSec replied by letting him know that they will be cancelling his SSI benefits for two reasons: a) He had more than $2000 in his checking account on the first min or the first day of the month. My brother may carry over $2000 in his account for about 2 days until his rent check is cashed and then he's down to about $1000. And b) they found a savings account my mom created 10 yrs ago at Bank of America with my name and my brothers SS #, the account contains $2,900. It was money I gave my mom for a rainy day. My mother passed away two years and neither my brother nor I had any idea the account existed. BofA has since provided me statements that clearly show my name and address on the account, but unfortunately, my brother's SS #. We intend to appeal...do we have a chance? Any advice? Thx,

Can you find a copy of the check you wrote to give the money to your mother? And if the bank account had your address, why weren't you getting the statements?

Your brother who is on SSI which is $721 federal can afford rent of $1000? Even California who has the most generous state supplement only adds $156.40, so once he pays his $1000 a month rent, how does he afford any other expenses? Or does the rent include all utilities and food? First moment of the first day of the month rule actually does not consider the SSI direct deposit on the 1st. At least it is not supposed to. You may need to show all the bank statements. Does the bank deposit it before the first or on the first? It would happen every January since the 1st is a holiday but it shouldn't be that way every month.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0501110117 talks about unknown assets. But are you trying to claim that even though your mother put your brother's SSN on this bank account (and why would she do that?) that it is not his money? What did her will say about her assets? Who should have inherited?