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Social Security fraud

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KNewton1

New member
I live in Texas.

My question is it illegal for a non-blood relative to sign social security papers to become the payee of the receiving party, but by also state that that person does not have any living relatives when they do and able to cash out the checks. To also note the receiving party was finally awarded back pay for social security benefits but passed away before receiving the checks. There also was no legal will only a written conversation saying what the departed party wanted to be done with the money she was to receive.
 


Just Blue

Senior Member
I live in Texas.

My question is it illegal for a non-blood relative to sign social security papers to become the payee of the receiving party, but by also state that that person does not have any living relatives when they do and able to cash out the checks. To also note the receiving party was finally awarded back pay for social security benefits but passed away before receiving the checks. There also was no legal will only a written conversation saying what the departed party wanted to be done with the money she was to receive.
Who are you in all this?
 

Dandy Don

Senior Member
It is not illegal for the relative to become a payee if the receiving party gave signature approval and if the receiving party wanted the person to be the payee. If there is a written document submitted by the non-blood relative that specifically lies by stating there are no living relatives, then that may be fraudulent. Have you complained to the Social Security Administration about this?
 

KNewton1

New member
It is not illegal for the relative to become a payee if the receiving party gave signature approval and if the receiving party wanted the person to be the payee. If there is a written document submitted by the non-blood relative that specifically lies by stating there are no living relatives, then that may be fraudulent. Have you complained to the Social Security Administration about this?
I went to an office they said oh well, but called another office and they said her signing the papers saying my mother had no living relatives was fraud but didn't sound fully sure about the case. I have sent in a fraud case and they have not answered back. My mother wasn't able to sign anything and the non-blood relative was not her power of attorney only medical. I was told by other members of the family she signed papers stating my mother had no other living relatives.
 

FlyingRon

Senior Member
Bloodline doesn't enter into it at all, by the way.
Don: The beneficiary doesn't "authorize" a representative payee. A representative payee is designated by the agency when they feel the beneficiary doesn't have the ability to manage the money himself. A non-blood relative is as good as anybody else.

The money from the SSA isn't really intended to be given the heirs. It's usually barely enough (if at all) to cover the actual living expenses, etc... of the the beneficiary. Note that once the beneficiary dies, the payment stops (in fact, they don't even issue the check the month he dies). It's unlikely any "heirs" are entitled to anything with regard to SSA paymetns.
 

commentator

Senior Member
Quote: "I have sent in a fraud case and they have not answered back" The thing is, you can report someone for fraud, but that is all you will ever know about what has happened regarding that report, unless you find out from another source. The agency will not report back to the person who made the complaint or reported someone for fraud with any information about what they have found out or what has been done.
 

HRZ

Senior Member
IF the question is about the back SS award recieved after Mom passed ..seems to me somebody needs to open up administration of her affairs under intestacy, and once officially appointed, that person requires the representative payee to turn the funds over to the estate ...and administrator pays the bills and distributes net as per intestacy rules etc I didn't check/ don't know if there is any simplified administration for small estates in TX.
 

Dandy Don

Senior Member
Maybe you should contact Social Security to find out if your Mom's estate is eligible to claim the back pay or does her estate receive nothing because she is now deceased and all payments automatically stop.
 

KNewton1

New member
She was awarded all her back pay but the checks that were supposed to come in regularly were stopped. The other relative, as I've heard from others, took the checks that came in, but the story sounds like three family members planned to take the money but one got it first. Originally the non-blood told me that all the money was going to have to be sent back because my brother and I are adults, she wasn't married and had no dependents. Others have said this is illegal, but the way the people at the officed acted was like it's not their problem and didn't give me anything because these other relatives took control over my mom's paperwork and refuse to give them to me so that I can get a grasp or clear up this matter.
 

HRZ

Senior Member
THe time sequence matters..SS stops upon death ...but your post addresses some back awards that were apparently due to her ...and in the sequence she died before the check arrived ...my lay read...she is entitled to the check ...the technical question of if the representative payees powers expired at moment of recipients death is best directed to SS....my guess is your concern is representative payee cashed and pocketed the check ?

My further guess is that if a close relative steps up to plate and is appointed official administrator of Moms intestate affairs that said person will have the official standing to dig into her affairs and to seek to recover funds due her estate if,some are "missing"...now the steps to become administrator may not be worth it for,small sums
 

FrankCirillo01

Junior Member
Hi Guys,

In case you have a written approval, relative or anybody can become a payee by just a single signature. The beneficiary does not authorize any representative payee. The payee which is representative is addressed by the agency when he or she feels that the beneficiary does not have enough ability to handle the money himself or herself. It is better to consult a lawyer which can understand and help to proceed accordingly along with needful documents or steps.
 

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