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Old 10-18-2009, 12:12 AM
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Join Date: Oct 2009
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Probation officer trying to take disability income


We are in Wisconsin.

My brother is on SS disability for bipolar disorder. He is also on probation and has been doing well. His Probation Officer is trying to threaten and coerce him into paying more toward some court ordered restitution than he can afford. He is trying to get his medical records, financial records and is threatening to take him before a judge and have him jailed. He has re-instituted travel restrictions that were lifted long ago. All of this stress has caused my brother to have to be taken to the emergency room this week. I am his POA and financial guardian. Is there anything in the social security law that prevents the probation officer from doing this?

Any help would be appreciated.
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Old 10-18-2009, 10:27 AM
BL BL is offline
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Quote:
Originally Posted by trutruth View Post
We are in Wisconsin.

My brother is on SS disability for bipolar disorder. He is also on probation and has been doing well. His Probation Officer is trying to threaten and coerce him into paying more toward some court ordered restitution than he can afford. He is trying to get his medical records, financial records and is threatening to take him before a judge and have him jailed. He has re-instituted travel restrictions that were lifted long ago. All of this stress has caused my brother to have to be taken to the emergency room this week. I am his POA and financial guardian. Is there anything in the social security law that prevents the probation officer from doing this?

Any help would be appreciated.
Are you the payee ,or financial guardian with POA ?

Your brother accepted probation with ALL of the stipulations ( one being financial restitution ) in lue of incarceration.

Generally there is a Date to pay by , for the amount .

The PO could simply be keeping track and knows there is is no way it will be paid on time with the amount being paid now .

It's your brother's responsibility to adhere to his agreement , or face to court and possibly be incarcerated instead .

As for SSA ( SSI ) is between them and the recipient ( or Payee ) , benefits are for the recipient's every day needs first .

In a nutshell , he either pays the restitution as he agreed to ,or face possible incarceration.

Quote:
Your representative payee's authority is limited to matters between you and us. A power of attorney does not give someone authority to act as your representative payee. A representative payee has no authority to enter into any binding contracts on your behalf.
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