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Ripped off by fee rep payee, what to do?

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elocs1747

Junior Member
Wisconsin

In the middle of January I became the representative payee for my 20 year old goddaughter who is on SSI. For the months of last November, December, and January she had a rep payee that was approved by Social Security to charge a fee for their services.

The long and the short of it is that I am very familiar with my goddaughter's bills and expenses and this old fee payee claims that for the months of November and December they spent every cent they received for her when by my reckoning there is over $900 that is not accounted for. That represents an amount of over $100 each week for 9 weeks above and beyond her bills and living expenses.

In January this payee received my goddaughter's checks for $698 from the federal government and another $83 from Wisconsin for a total of $781. This old payee paid out nothing after the 10th of January and what they did pay could not have amounted to more than $400. Yet again they claim they have none of her money left, zero.

My goddaughter's caseworker at Social Security told me that representative payees are on the honor system and what they claim to have spent is simply accepted at face value. I know my goddaughter has had hundreds of dollars of her money simply taken by this old for fee payee and not in any way spent for her benefit.

Do I, or does she have any recourse at all in trying to get even some of that money or having this old for fee rep payee prove what her money was spent for?

I could certainly use even some of that money to improve her life and her living conditions. It's a shame that an approved Social Security representative payee allowed to charge a fee can so blatantly steal their client's money that they were trusted to use on the behalf of those people. There must be some way they can be held accountable because I ca show where every dollar that I have had of my goddaughter's SSI money has gone and how it has been used on her behalf.

Thanks in advance for any answers, they are appreciated.
 


Isis1

Senior Member
Wisconsin

In the middle of January I became the representative payee for my 20 year old goddaughter who is on SSI. For the months of last November, December, and January she had a rep payee that was approved by Social Security to charge a fee for their services.

The long and the short of it is that I am very familiar with my goddaughter's bills and expenses and this old fee payee claims that for the months of November and December they spent every cent they received for her when by my reckoning there is over $900 that is not accounted for. That represents an amount of over $100 each week for 9 weeks above and beyond her bills and living expenses.

In January this payee received my goddaughter's checks for $698 from the federal government and another $83 from Wisconsin for a total of $781. This old payee paid out nothing after the 10th of January and what they did pay could not have amounted to more than $400. Yet again they claim they have none of her money left, zero.

My goddaughter's caseworker at Social Security told me that representative payees are on the honor system and what they claim to have spent is simply accepted at face value. I know my goddaughter has had hundreds of dollars of her money simply taken by this old for fee payee and not in any way spent for her benefit.

Do I, or does she have any recourse at all in trying to get even some of that money or having this old for fee rep payee prove what her money was spent for?

I could certainly use even some of that money to improve her life and her living conditions. It's a shame that an approved Social Security representative payee allowed to charge a fee can so blatantly steal their client's money that they were trusted to use on the behalf of those people. There must be some way they can be held accountable because I ca show where every dollar that I have had of my goddaughter's SSI money has gone and how it has been used on her behalf.

Thanks in advance for any answers, they are appreciated.
so...$781.

how much of that was used to contribute to her rent? food? clothing?

and why do you get to say how much for each?

if the social worker isn't questioning it...then you have no authority to question it either.
 

Onderzoek

Member
Wisconsin

In the middle of January I became the representative payee for my 20 year old goddaughter who is on SSI. For the months of last November, December, and January she had a rep payee that was approved by Social Security to charge a fee for their services.

The long and the short of it is that I am very familiar with my goddaughter's bills and expenses and this old fee payee claims that for the months of November and December they spent every cent they received for her when by my reckoning there is over $900 that is not accounted for. That represents an amount of over $100 each week for 9 weeks above and beyond her bills and living expenses.

In January this payee received my goddaughter's checks for $698 from the federal government and another $83 from Wisconsin for a total of $781. This old payee paid out nothing after the 10th of January and what they did pay could not have amounted to more than $400. Yet again they claim they have none of her money left, zero.

My goddaughter's caseworker at Social Security told me that representative payees are on the honor system and what they claim to have spent is simply accepted at face value. I know my goddaughter has had hundreds of dollars of her money simply taken by this old for fee payee and not in any way spent for her benefit.

Do I, or does she have any recourse at all in trying to get even some of that money or having this old for fee rep payee prove what her money was spent for?

I could certainly use even some of that money to improve her life and her living conditions. It's a shame that an approved Social Security representative payee allowed to charge a fee can so blatantly steal their client's money that they were trusted to use on the behalf of those people. There must be some way they can be held accountable because I ca show where every dollar that I have had of my goddaughter's SSI money has gone and how it has been used on her behalf.

Thanks in advance for any answers, they are appreciated.
You have been given incorrect information.

Fee for service payees are scrutinized much more closely than you would be as payee and family members and friends are statistically much more likely to misuse funds than a payee agency. A payee agency that misuses money can be shut down by SSA and the bond or insurance that they are required to have may have to pay out the misused funds. A payee agency makes more money by staying in business than they would by being shut down.

However, the payee agency does not have to account to you.

Your goddaughter may want to start with the payee agency and ask the ledger for all expenses (checks received and bills paid) for the months November, December and January. The agency may have paid full rent for her for the month of January and if she moved, that doesn't necessarily get reimbursed. Your 20 year old goddaughter who has a mental problem (otherwise she wouldn't have a payee) may not remember or may be giving you false information for her own reasons. You may be familiar with her bills, but I would be willing to bet that she keeps secrets from you. She is 20 years old, barely out of teenage.

Once she gets the ledger records, all your questions may be answered. If she can't get copies of it, then she should contact her local SSA office and tell them why she thinks the payee misused her money - she should be able to tell them what her rent was, how much her spending money was, how often she got spending money, what other bills the payee agency was paying for her. It is possible and correct that the payee agency turned over any remaining conserved funds to SSA and that refund had not cleared the Treasury when you first inquired. The local office should have a contact person at the payee agency and may be able to get the answers to your questions.
 

elocs1747

Junior Member
You have been given incorrect information.

Fee for service payees are scrutinized much more closely than you would be as payee and family members and friends are statistically much more likely to misuse funds than a payee agency. A payee agency that misuses money can be shut down by SSA and the bond or insurance that they are required to have may have to pay out the misused funds. A payee agency makes more money by staying in business than they would by being shut down.

However, the payee agency does not have to account to you.

Your goddaughter may want to start with the payee agency and ask the ledger for all expenses (checks received and bills paid) for the months November, December and January. The agency may have paid full rent for her for the month of January and if she moved, that doesn't necessarily get reimbursed. Your 20 year old goddaughter who has a mental problem (otherwise she wouldn't have a payee) may not remember or may be giving you false information for her own reasons. You may be familiar with her bills, but I would be willing to bet that she keeps secrets from you. She is 20 years old, barely out of teenage.

Once she gets the ledger records, all your questions may be answered. If she can't get copies of it, then she should contact her local SSA office and tell them why she thinks the payee misused her money - she should be able to tell them what her rent was, how much her spending money was, how often she got spending money, what other bills the payee agency was paying for her. It is possible and correct that the payee agency turned over any remaining conserved funds to SSA and that refund had not cleared the Treasury when you first inquired. The local office should have a contact person at the payee agency and may be able to get the answers to your questions.
Yes, it makes sense that service payees would be scrutinized more closely because in this case there is one person handling the money for about 40 or more people. In the 3 months they were the payee they paid all of her bills late and even allowed her homeowner's insurance to lapse to the point where her insurance policy was cancelled and she had no coverage for 3 months.

My goddaughter's previous payee was her mother who lives in Chicago. My goddaughter lives in the same mobile home court as I do here in Wisconsin, so for a year I would take her lot rent check and pay it when I paid mine and it was always paid on time (so I heard about it when her rent was late in each month).

My goddaughter has just a handful of bills each month: her lot rent ($225/month), the payment for her mobile home (120/month), her electricity bill ($153/month and only paid once, and late, by the service payee--energy assistance paid the next 2 months) and a $30 monthly bill for her cable/internet. She had a homeowner's policy that was billed quarterly (I gave the service payee a copy of the bill in August) but it was never paid.

Was is laughable is that it is easily proven how much the service payee received for November and December (just under $1900) and her few bills only account for around $1000 of that amount. That leaves $900 unaccounted for, or $100 a week for those 9 weeks.

I was sent a copy of the form the service payee filled out for Nov/Dec and it simply shows the money they claimed they received, the amount they spent, and then that nothing was left for those months. My goddaughter was never given any kind of accounting each month showing her where her money went and how much she had left. Her mother would give her a bank statement each month that shows how her money was spent and how much her balance was, and I do exactly the same thing.

So the claim by the service payee is that at the end of December there was nothing at all in my goddaughter's account. I know for a fact that the SSI checks totaling $781 went to that service payee and the only things they paid were her lot rent and her trailer payment (a total of $325) and by the middle of the month I was her payee and I paid the balance on her electric bill. So the question is, even for that one month of January, where is the rest of the money and why did they not immediately return any money of hers they had to SS after they were no longer the payee?

What really bothers me about this entire situation is the attitude of Social Security here who claims that this is all the honor system and that whatever amounts this service payee put down on the form is what they paid, no questions or proof required. And if this is happening with my goddaughter with this agency, what about all of their other clients who are trusting them to handle their money but who have nobody else who is looking out for their best interests.

It seems that no matter what amount my goddaughter would get with that service payee the end amount was always and magically ZERO. Not $5 or $10 left, but zero and I'm sure they are counting on nobody questioning them about their totals.

Thank you very much for your information because I will have my goddaughter go and ask for a copy of the ledger. This might not be an easy task for her to do since the day early in January when she went to ask for some money and they found out they were no longer going to be her payee (a week before I officially found out) and the woman ordered her to get out of the office (I was waiting outside to give her a ride). Discounting that even up to half of the amounts not used for bills was spent on her that still leaves hundreds of dollars still not accounted for.

When this information is gotten or not gotten, is it better to go to the local SS office or to contact the SS fraud hotline and deal with them?

Thanks again for your help, it is much appreciated.
 

elocs1747

Junior Member
so...$781.

how much of that was used to contribute to her rent? food? clothing?

and why do you get to say how much for each?

if the social worker isn't questioning it...then you have no authority to question it either.

$225 went to pay for her mobile home lot rent, maybe $120 went for her mobile home payment as well as maybe $30 for her cable/internet. So that would total $375 leaving around $400 not accounted for. Nothing went for food since my goddaughter gets plenty of food stamps. Also, we are only talking about the first couple of weeks of January since by the 17th I was officially her representative payee and any money the service payee had at that time should have been returned to SS who would have put it in her account so I had money to pay for her needs the rest of the month (I did pay her electric bill that was due the end of January even though I had not received any money for her yet and the first checks did not come until February 1st).

Why am I intimately familiar with her bills and what was spent? That's because for more than her first year and a half on SSI her mother was her rep payee and she lives in Chicago. My goddaughter and I live in the same mobile home court here in western Wisconsin. In actuality I was the boots on the ground here for her mother making sure her lot rent was paid as well as her utilities. I had the debit card for her account that was used for when she needed money or other things purchased. Each month her mother would email both of us a copy of her bank statement for the month so we could both see exactly what was spent for what and how much the balance was in the account.

The reason for switching from her mother as her payee was so my goddaughter could have someone here to take care of her money and then mom would not have to switch hats from being mom and then putting on the rep payee hat and being involved in her finances. Actually the same is true for me and although I did not want to be her rep payee I could not stand my and see her bills constantly be paid late and she would never get an accounting of where her money went and never knew how much she had left.

The caseworker to who I referred is not a social worker, but the woman at SS who handles her case there and who I may call specifically when I have questions regarding her case. The attitude I have been getting is that whatever amounts put down on the form showing how much was received and how much was spent is the honor system (that is exactly the term that was used) and so it is unquestionably accepted as being true (except in this case I know it is not true and I'm sure this service payee is counting on having their total of zero left in the account unquestioned).

Oh, did I mention that in the months before this service payee became my goddaughter's representative payee that her mother had me write a check to the agency ($520) that covered most of the balance that was left in my goddaughter's SSI checking account. So they started out $520 ahead of the game before they received her first checks in November and although her monthly checks are more than enough to pay her bills this agency comes up with a zero amount for both Nov/Dec and then again for this January. So I feel I have every right to question the supposed zero amount left in my goddaughter's account when they got hundreds upfront when they became the payee because as her new payee I could certainly use that money to improve her living conditions (like a new water heater and refrigerator for which there is not enough money in her account to replace at this time).

So methinks something is rotten in Denmark (even when I would generously concede half of the amounts leftover after paying bills as being used for my goddaughter, that still leaves hundreds not accounted for).
 

Onderzoek

Member
Start with the payee agency. If information is not provided to your goddaughter, go to SSA. Show the evidence of late payments and your own monthly calculations. A payee agency is supposed to be able to account for every penny they receive. Unfortunately friends and family members are not held to that standard since there is insufficient staff to do the actual reviews. It is not an honor system for payee agencies, but there is also not a monthly or even yearly reconciliation required. Every three years, SSA staff and/or a group of independent auditors go to payee agencies for an indepth review of their practices, including a random sampling penny by penny reconciliation of individual cases. They look for patterns of problems.

SSA can ask the payee agency for an accounting. It will probably not be resolved in a single visit to the office and may you may need to discuss it with a supervisor. But you should have evidence to back up what you state.

It is in the payee's best interest to stay in good terms with SSA because their business sucess relies on it.

You also have to realize that payee agencies have clients who, for the most part, have either alienated their own family and friends by their behavior and actions, or do not have responsible people in their lives that can be trusted to manage money and are at risk for exploitation.

Perhaps you could start training your goddaughter to manage her own money. If she is mentally challenged, she may not be able to become fully responsible, but with time and repetition, I have no doubt her money skills can improve. However, it is still possible that she has never and will never be able to understand how to make money last all month and once this accounting is complete, you may see just how quickly money slipped through her fingers.

And actually, this payee agency was payee for the full month of January even though you applied in the middle of the month. SSI benefits are paid and managed monthly and a payee agency is not required to return conserved funds until they are no longer payee. Then it takes a few weeks for the returned funds to clear the US Treasury so they can be reissued. The former payee should have turned over the conserved funds to SSA who would then disburse it to the current payee. That would have been a correct procedure.
 
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BL

Senior Member
It's really not an honor system for any payee.

If SSA were to ask for an accounting , it's the payees duty to keep one.

Having said that , as was said a paid agency must keep an accounting.

A private payee individual could make up a false accounting in miscellaneous cash etc.

So, it would be difficult for SSA to prove the payments did not happen .
 

elocs1747

Junior Member
Start with the payee agency. If information is not provided to your goddaughter, go to SSA. Show the evidence of late payments and your own monthly calculations. A payee agency is supposed to be able to account for every penny they receive. Unfortunately friends and family members are not held to that standard since there is insufficient staff to do the actual reviews. It is not an honor system for payee agencies, but there is also not a monthly or even yearly reconciliation required. Every three years, SSA staff and/or a group of independent auditors go to payee agencies for an indepth review of their practices, including a random sampling penny by penny reconciliation of individual cases. They look for patterns of problems.

SSA can ask the payee agency for an accounting. It will probably not be resolved in a single visit to the office and may you may need to discuss it with a supervisor. But you should have evidence to back up what you state.

It is in the payee's best interest to stay in good terms with SSA because their business sucess relies on it.

You also have to realize that payee agencies have clients who, for the most part, have either alienated their own family and friends by their behavior and actions, or do not have responsible people in their lives that can be trusted to manage money and are at risk for exploitation.

Perhaps you could start training your goddaughter to manage her own money. If she is mentally challenged, she may not be able to become fully responsible, but with time and repetition, I have no doubt her money skills can improve. However, it is still possible that she has never and will never be able to understand how to make money last all month and once this accounting is complete, you may see just how quickly money slipped through her fingers.

And actually, this payee agency was payee for the full month of January even though you applied in the middle of the month. SSI benefits are paid and managed monthly and a payee agency is not required to return conserved funds until they are no longer payee. Then it takes a few weeks for the returned funds to clear the US Treasury so they can be reissued. The former payee should have turned over the conserved funds to SSA who would then disburse it to the current payee. That would have been a correct procedure.
The old payee did not even file a form showing the amount they received and what they spent until 20 March which is long past the end of January. Also, the total amount they told SS they had received was $2046 which is only $227 more than the $1819 they received for Nov/Dec. Strange since that amount is $554 less than the $781 in SSI checks she received for January. So something is obviously wrong and my guess is that they thought they would get away with having their amounts go by unquestioned.

I am trying to teach my goddaughter how to handle her money, but it's going to be a long process since she has just never learned. I've tried to get her to be responsible in small things that are under her control in the hope that will translate to becoming responsible in larger and more important things. I don't know if it ever will work.

It's encouraging to learn that the SSA will treat the handling of a client's funds by a service payee seriously. We had high hopes that the service payee would be a good move for her and would handle her SSI money well and responsibly pay her bills but it turned out to be a disaster.

I will have my goddaughter go to that service payee to get an accounting of how they handled her funds, but I am less than hopeful how that will go. The woman who handles the clients would always tell her that her computer crashed and that's why she was late in paying bills. Also when my goddaughter's mother called once to inquire about the problems they got very snotty and condescending with her. But that does seem like the logical first step and I will prepare her in what she should do and what she should ask for.

Thanks for your help and advice, it is appreciated, and I will post what happens so anyone who reads the thread can maybe learn something.
 

elocs1747

Junior Member
It's really not an honor system for any payee.

If SSA were to ask for an accounting , it's the payees duty to keep one.

Having said that , as was said a paid agency must keep an accounting.

A private payee individual could make up a false accounting in miscellaneous cash etc.

So, it would be difficult for SSA to prove the payments did not happen .
I can see how accountability should be more stringent for a paid agency. The assumption that I made and my goddaughter's mother made when we had looked for a paid agency to take over as her payee was that they would be approved by the SSA was that they could be trusted to honestly and competently handle her money for her. To our great disappointment we discovered we were mistaken.

One might think that when a paid agency first becomes the payee for a new client that they would do really well to show how competent they are. But to our dismay from the very start this paid agency, actually the one young woman who handled the clients and was responsible for their money, paid every bill late. The constant excuse given was that this woman's computer had crashed and she was defensive in giving answers.

The bottom line is that unlike most of the other 40 clients this agency handles, my goddaughter has someone else (specifically me since I helped her to find this agency and met with the woman to see how things would be handled) who is looking out for their best interests. My guess would be that most of the other clients who have this agency as their payee are totally at its mercy and have no real idea how their money is spent or how much they have. I would think that many of them would be stressed out by consistently having their bills paid late, if at all, by someone they should be able to trust.

The SSA is undoubtedly understaffed and there is no way they could know if a client's money is being handled responsibly or honestly by a paid agency unless they get complaints about the agency. I will help my goddaughter to complain loud and long about what has happened to her with this paid agency and hopefully the SSA can not only help her but look at the competency of that agency as a whole.

I am sure this paid agency is counting on that the figures they put on their Representative Payee Report never being questioned or challenged since they do not give their clients a report of any kind that breaks down how their money is being spent or so that they can know exactly how much money they have each month. It's sad when they as well as my goddaughter not only get ripped off, but pay a fee to have it done to them.

As a private payee for my goddaughter I can prove where all of her money goes and how it is spent and have receipts to back up it all.
 

elocs1747

Junior Member
Some answers after a month.

It's a month after I started this thread about my goddaughter's former paid agency representative payee. As advised here I requested a copy of the ledger from that payee showing where her SSI money went.

Bills were paid, all late, and some bills were not paid at all including her homeowner's insurance which was allowed to lapse, she went 3 months uncovered and now her insurance has increased because "she" allowed her policy to lapse. This paid payee did not pocket my goddaughter's SSI money, but the woman in charge did dole it out to her like candy upon request. For example, there were 3 days at the beginning of January when my 20 year old goddaughter who is schizophrenic and has alcohol and substance abuse problems was able to go each day and receive $50 which she surprising used to buy alcohol and go on a drunken orgy which resulted in her trashing her house.

In fact this payee was still giving her money on January 30 ($30) and now claims that her new payee (me) owes them $42 because they gave her more money than she had in her account. So they paid her bills late or not at all, doled out all of her money to her on her request and never saved a cent of it for her benefit or any emergencies she might encounter. She is incompetent to handle her own money but she could hardly do a worse job than this paid representative agency did with her SSI money. Plus, she was paying them to do this.

Does the SSA even care about this or is this simply par for the course and business as usual in regards to representative payees? I now know her money was not stolen by this paid agency, but squandered and mishandled. Also, in the copy of the ledger they provided they do not show my goddaughter receiving any SSI money ($83/month) from the state of Wisconsin during the 3 months they "managed" her money yet I received it the first month that I was her representative payee. So I basically started with nothing as her rep payee and her previous paid payee started out with over $500 to the good before they received her first check and had to pay any bills.

So I don't know if I in reality just have to look at this like this is just the way it is. I know I can account for every cent of my goddaughter's SSI money and after 3 months with me she has $400 saved for "just in case".
 

BL

Senior Member
It's a month after I started this thread about my goddaughter's former paid agency representative payee. As advised here I requested a copy of the ledger from that payee showing where her SSI money went.

Bills were paid, all late, and some bills were not paid at all including her homeowner's insurance which was allowed to lapse, she went 3 months uncovered and now her insurance has increased because "she" allowed her policy to lapse. This paid payee did not pocket my goddaughter's SSI money, but the woman in charge did dole it out to her like candy upon request. For example, there were 3 days at the beginning of January when my 20 year old goddaughter who is schizophrenic and has alcohol and substance abuse problems was able to go each day and receive $50 which she surprising used to buy alcohol and go on a drunken orgy which resulted in her trashing her house.

In fact this payee was still giving her money on January 30 ($30) and now claims that her new payee (me) owes them $42 because they gave her more money than she had in her account. So they paid her bills late or not at all, doled out all of her money to her on her request and never saved a cent of it for her benefit or any emergencies she might encounter. She is incompetent to handle her own money but she could hardly do a worse job than this paid representative agency did with her SSI money. Plus, she was paying them to do this.

Does the SSA even care about this or is this simply par for the course and business as usual in regards to representative payees? I now know her money was not stolen by this paid agency, but squandered and mishandled. Also, in the copy of the ledger they provided they do not show my goddaughter receiving any SSI money ($83/month) from the state of Wisconsin during the 3 months they "managed" her money yet I received it the first month that I was her representative payee. So I basically started with nothing as her rep payee and her previous paid payee started out with over $500 to the good before they received her first check and had to pay any bills.

So I don't know if I in reality just have to look at this like this is just the way it is. I know I can account for every cent of my goddaughter's SSI money and after 3 months with me she has $400 saved for "just in case".
You owe the agency no money.

You chalk it up to life and move on.
 

elocs1747

Junior Member
You owe the agency no money.

You chalk it up to life and move on.
Yeah, I kind of figured it would be something like that. Sucks though. I would still like to find out what happened to her 3 months of Wisconsin SSI that my goddaughter apparently never received.

Stupid though of the agency to continue to give her money when she had no more money left in her account.
 

Onderzoek

Member
I think you should write a summary and complaint letter to the manager of your local office and include the documents to support what you say. If the payee agency has a pattern of mishandling money, the local office should be aware.

But it is also possible that your goddaughter was not as honest with the payee agency and that they were simply unaware of the assorted bills that needed to be paid because your goddaughter didn't tell them.
 

elocs1747

Junior Member
I think you should write a summary and complaint letter to the manager of your local office and include the documents to support what you say. If the payee agency has a pattern of mishandling money, the local office should be aware.

But it is also possible that your goddaughter was not as honest with the payee agency and that they were simply unaware of the assorted bills that needed to be paid because your goddaughter didn't tell them.

Yes, I am intending to do that at our local SS office next week after I put everything together this weekend. Interestingly, the copy of the payee report that I received from SS that this payee gave them for Nov/Dec shows zero money being left at the end of the month (Dec) but the ledger shows a $628.20 SSI check being received on Dec. 30. It can't be both ways.

As far as the bills go, I told this paid payee about all of them (there are only 4 bills monthly and the insurance every three months) and gave her copies of the receipts as well as the account numbers. Her rent (due by the 5th business day of the month) was late each month, sometimes by the middle of the month. There really was zero excuse for any of this at all. They had all the information and the dates the bill were due.

Upon reading a copy of the ledger there was a day in November when my goddaughter's utility bill was paid (a late payment) and on the same day it shows an amount given to her ($153) which is coincidentally exactly the amount of her budget payment for her utilities. It's like the woman gave her the money and expected her to pay it. My guess is that my goddaughter simply cashed the check and kept the money. Like I said, if she was responsible enough to be handling her own money, she would be.
 

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