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Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19771
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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PASTOR I am asking this on their behalf A MEMBER who is the

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I’M A PASTOR I am asking this on their behalf A MEMBER who is the SOCIAL SECURITY representative payee for her father she recently recieved a letter stating there is an allegation she misused the funds, she tells me she didn’t want to sign over the check to the nursing home directly and she hasn’t paid them however she says she has every dime and says she can pay the nursing home before the deadline …MY QUESTION HOW MUCH LEGAL TROUBLE IS SHE IN? if she turns out she to NOT have the money can she be arrested and serve time ?
Submitted: 1 year ago.
Category: Legal
Expert:  Marsha411JD replied 1 year ago.

Hello,

Thank you for the information and your question. Hopefully, your member does have the funds and will immediately forward the funds to the proper recipient for her father's interests. But, assuming she has misused the funds, the SSA has two paths they can go down. One is to refer the case for criminal prosecution which could result in a felony conviction with a maximum sentence of 10 years in prison and a fine of up to $250K. The other is the civil route, where she could be charged up to $5K for each misuse.

Please keep in mind that these are the maximums, which rarely occur, but this is serious business and as you may know, it is not good to be on the bad side of the Federal Government in these cases. You can read more about this issue by going to: https://www.socialsecurity.gov/OP_Home/handbook/handbook.16/handbook-1617.html

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above I will receive credit for assisting you today. Thank you

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