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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118253
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My Grandson, XXXXXX SS# XX XXXX, DOB XX XX XXXX. He has been

Customer Question

My Grandson, Daniel XXXXXX SS#XXX XX XXXX, DOB XX XX XXXX. He has been living homeless on the streets of Los Angeles. Someone stole ihis last debit card #***** with a sec code of XXX. Whoever got it also changed his mailing address and sent for a new card (they stole copies of his ID) and he cannot find out any info. about his card. If there was money on there or where it was sent to. His mailing address was my home XXXXXXXXXXXXXXXXXXXXXXXXXXXXX as he had lived with us for many years. He is mentally disabled since age 19 with schizophrenia. He calls me from a pay phone in LA.Also I believe that SS says he was incarcerated 2012 thru 2014 & is wanting money back. How can he prove them wronhg or is the burden of proof on him?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
SS would have to prove he was incarcerated with the arrest records. If you dispute that he was, you would have to find him and you would have to present the fingerprint records from jail showing that someone stole his identity and it was not him that was in jail. This is called the sliding burden of proof. So SS presents the arrest records and your grandson then has to produce proof that it was not him.
Unfortunately, you would need to get a local attorney to represent him on this to appeal the overpayment to SS. Furthermore, even if he was in jail, SS can waive the recovery of the overpayment based on the extraordinary circumstances in this case and they frequently do so.