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lwpat
lwpat, Attorney
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Experience:  Actively practicing trial attorney
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Can the Nursing Home I reside in cash my Social Security check

Resolved Question:

Can the Nursing Home I reside in cash my Social Security check without my knowledge or permission?
Submitted: 1 year ago.
Category: Legal
Expert:  lwpat replied 1 year ago.
Thanks for using JA. I will do my best to answer your questions. DON’T FORGET, your deposit is not used to compensate me until you rate my service.

No they cannot. However, normally the SS check is properly diverted to the nursing home's bank account based on your agreement that was signed with the nursing home. That may be what has happened. You should review what you or your guardian signed when you moved into the nursing home. The staff in the business office can assist you.
lwpat, Attorney
Category: Legal
Satisfied Customers: 25384
Experience: Actively practicing trial attorney
lwpat and 9 other Legal Specialists are ready to help you
Customer: replied 1 year ago.


You sound like all the others I've asked about my problem. I guess it is "assumed" by everyone that I agreed and signed documents stating that the nursing home can take my check. I never did such a thing. I was brought to the nursing home because the hospital I was in kicked me out before I was fully recovered from my injuries. Meanwhile the Social Security Administration just sends my check to the address of the nursing home and they simply deposted the check. I have no idea how it was deposited without my signature but it was. I don't know a thing about forgery. Well thanks for the reply. Take my 40 bucks but it's really sad I live in a country where a disabled person's monthly check can go to a 230 bed institution taking in God knows how much money.. Have a Happy New Year. Perhaps the day will come when the younger generation relies on social security and gets it stolen from them as it has to me.Maybe then laws will be in place to prevent stolen disability checks.

Expert:  lwpat replied 1 year ago.
I am very sorry for your situation. Perhaps you have someone that you trust, a family member, that you can give your power of attorney that can discuss your situation with the nursing home and actually go in to the SS office and find out. In order to get anything out of SS you often have to actually go into the office in person. Best wishes for the New Year and hope you have a speedy recovery.
Customer: replied 1 year ago.
I don't see any point in recoverying when my last dollars can be taken from me
Customer: replied 1 year ago.


Next time perhaps you can tell me why nursing homes can't forge my ss checks and not how they can take my checks. I already know they can steal my checks.

Expert:  lwpat replied 1 year ago.
There is always more to life than just stuff. I deal with clients all the time that have lost their health, family, money, etc. You can recover from anything if you have the faith to do so. Sometimes we need to see the darkness to appreciate the light. My best to you.

The nursing home has a right to be paid for their services. However, they do not have the automatic right to take your SS check unless there is some paperwork allowing them to do so.
Customer: replied 1 year ago.
Relist: Incomplete answer.
I asked "If the nursing home I reside in can take my social security check. Your attorney replied with "No they can't" and gave me reasons why they can. If she would like to represent the nursing home I'll give her their phone number. In the meantime can someone tell me why they can't? Do I have any rights or does the nursing home get all the protection?
Expert:  lwpat replied 1 year ago.

The nursing home cannot just take your check without there being some type of authorization. They are entitled to be paid for their services and normally the check is transferred to the nursing home. No one online can tell you whether they have the proper authorization or not. You are going to have to talk with the home's business office to find out what is going on and if they are actually receiving your checks. If they are, you are entitled to see the paperwork that they used to authorize the transfer in order for you to determine whether they have acted properly or not. Usually someone with your POA would first go to the local SS office and find out from them.

Customer: replied 1 year ago.

Why is it so difficult for people to admit they are wrong? Especially women. I asked it a nursing home can take my check which they already did but of course they won't admit it. I'm relying on the treasury department to find out what happened to my check. Then I asked a so called attorney if they could steal much check. I paid 40 bucks to get all the reasons why they can take my check. You can keep the money. Just admit the question wasn't answered properly.


 


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lwpat
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