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A letter from ssa about computer matching program

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Carlanga

Member
I got a appointment over the phone with ssa about a computer matching regarding a capital gain from the sell of my old house and the purchase of a new place but the information request by the ssa employee is in posesión of my daughter and the money is under a joint account and I don't have access to it because she got power of attorney and I don't know how much is left,please help
 

adjusterjack

Senior Member
Which benefit do you collect?

SSDI or SSI?

Access to what? If you need the amount of the gain you should be able to find it by reviewing your escrow papers from the purchase and sale of the property, or your tax return from the year sold the property.
 

Carlanga

Member
Which benefit do you collect?

SSDI or SSI?

Access to what? If you need the amount of the gain you should be able to find it by reviewing your escrow papers from the purchase and sale of the property, or your tax return from the year sold the property.
I got a appointment over the phone with ssa about a computer matching regarding a capital gain from the sell of my old house and the purchase of a new place but the information request by the ssa employee is in posesión of my daughter and the money is under a joint account and I don't have access to it because she got power of attorney and I don't know how much is left,please help
I'm collecting ssi and SSDI I'm 73 years old I will be sending more information about my problem in a second text
 

FlyingRon

Senior Member
When you say Power of Attorney, are you talking about one you signed? As pointed out those you can revoke.

If you mean that you have a "representative payee" designated by the SSA, then that's different than a power of attorney. You'll have to show them you are competent to dismiss that person.
 
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aldaron

Member
Just yesterday I received 2 scam calls saying they were SSA. I thought SSA will never call you, only contact you by mail.
 

Litigator22

Active Member
A power of attorney can be revoked at any time.
Perhaps that is do. But we don't know for certain that it is so because we don't know the circumstance from which the power evolved.

HOWEVER, as categorical statement it is definitely not true!

Such a grant of authority can be made irrevocable when coupled with an interest. Moreover when the agent or attorney-in-fact has a vested interest in the subject matter of the grant, or the power bestowed is for valuable consideration, the power can survive the death of the principle/grantor.

(You might wish to revisit the laws of agency.)
 

Zigner

Senior Member, Non-Attorney
Perhaps that is do. But we don't know for certain that it is so because we don't know the circumstance from which the power evolved.

HOWEVER, as categorical statement it is definitely not true!

Such a grant of authority can be made irrevocable when coupled with an interest. Moreover when the agent or attorney-in-fact has a vested interest in the subject matter of the grant, or the power bestowed is for valuable consideration, the power can survive the death of the principle/grantor.

(You might wish to revisit the laws of agency.)
Of course, this has nothing to do with the OP's situation and only serves to confuse the issue.

Having said that, one does not "get" a power of attorney...it is (as you pointed out), granted. If the OP's daughter went to court and is not now blocking the OP from certain actions, then it is much more likely that some sort of conservatorship was granted by the court.
 
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LdiJ

Senior Member
Perhaps that is do. But we don't know for certain that it is so because we don't know the circumstance from which the power evolved.

HOWEVER, as categorical statement it is definitely not true!

Such a grant of authority can be made irrevocable when coupled with an interest. Moreover when the agent or attorney-in-fact has a vested interest in the subject matter of the grant, or the power bestowed is for valuable consideration, the power can survive the death of the principle/grantor.

(You might wish to revisit the laws of agency.)
Please give a concrete example of a POA that is coupled with an interest and is irrevocable. An please give us an example of a one that can survive the death of the principle/grantor.
 

Carlanga

Member
Adjusterjack I wanted to say thank you for your reply,in my next post I will make sure to explain my whole situation hoping to get a more easy explaination of what exactly my problem is until now,thank you again for your time
 

Carlanga

Member
I wanted to say to all of you that
Of course, this has nothing to do with the OP's situation and only serves to confuse the issue.

Having said that, one does not "get" a power of attorney...it is (as you pointed out), granted. If the OP's daughter went to court and is not now blocking the OP from certain actions, then it is much more likely that some sort of conservatorship was granted by the court.
 

Carlanga

Member
To all of you that took the time to trying to explain to me about my present situation I wanted to say thank you very much,I should have explain at the beginning what exactly is my problem and since I can't afford a lawyer I have turn to you all,hoping to find a solution to my problem,like I explain before I sold my house and I make the mistake to trust one of my four kids the older one (all my kids are adults and marry) I'm a widow and I live alone a friend of my comes to help me twice a week and he is sort of like a caretaker to me but he doesn't get paid we know each other for a very long time,anyways,when we were gonna sell the house two of my daughters have me sign a power of attorney to my eldest one so she can be able to sell the house and handle the paper work and ever since everything change in my life as soon as my house was sold I ask her and the realtor how much we sold the house for and both gave me the run around not answering my questions,my daughter then say that we were going to buy a house and the first one she showed me was this place where I live now which is a apartment in long beach she did gave me some papers for this apartment and she filed taxes on my behalf without telling me how much was the extra money that I gain out of all this deals but before we buy the place she say that we were gonna open a joint account a place where the extra money will be but I think that we went to her bank and she took me alone so I can sign the cashier check and stupid me I didn't bother to look at the amount ,anyways,as time went by more lies came avoiding the main question about how much money was left over anyway the a year and half year went by and all the sudden I got the letter from ssa telling me that I have an appointment with them on the14 of August but in the letter only tells me that I was going to need some documents,and so I first verify if the letter was real then after that I got a hold of the person that I was having the appointment with,he ask me questions which I didn't have all the answers then he told me to fax him some of the items he needed for my review and when I mentioned that to my daughter ,she first broke on tears over the phone saying to me that she was gonna get back to me the next day,then next day she call me asking me for the details of the letter which I gave her then the next day she told me that the letter was all a scam and not to worry about it,so I call ssa and after I once more I verify that it was all real she ask me for the fax number that I was supposed to send my paper work so I gave it to her then she told over the phone that she send all the information and the next day I got a second letter from ssa and this one is a redermination summary for continuing eligibility for ssa payments in this summary I got a bunch of items that are not right and so I've been trying to get a hold of the person that I first talk to and no luck I left four messages leaving my name and phone # and nothing in the mean time I turn around and demand my daughter to let me have such of papers and she is giving me the history that she spoke with the person in charge on my case and that she already send the paper work but by now I find out that when she did my taxes she claim $88,000 as capital gain and that was in 2018 and I also find out that the house was sold for 385,000anf the new place we paid 250,000 so I figure that the difference was 135,000 minus wherever expenses we have such hotels rental for the time that I wait for the escrow of the new house that took almost 6 weeks,so that sounds about close give or take but then she is been paying home owners association fee every month and she say she have put away 38,000 for the next 20 years that leaves me close to $50.000 but she say there's less than that and that's including the money for hoa and so now I know why she's not letting me have the rest of the money , anyways,thanks to all of you I know I can revoke the power of attorney from her but I still in trouble cus I don't know what to expect from ssa I got little or no time to try to fix all this and plus I'm loosing benefits I think and I rely on my two checks cus I'm I'm low income my two checks don't even come close to $950,00 monthly and I'm also a disabled due to an accident at work a while back and is hard for me to walk cus I lost my balance when I lost both of my knees I got a surgery where they roll tissue of my knees against them I do walk but I don't have too much balance and so this is my problem and all I wanted know now is what can I do at this point and what to expect for the future,once again thank you very very much for all the help I'm getting from any one that is taking time to read and advice me God bless you all.
 

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