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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33554
Experience:  Began practicing law in 1992
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Does an SSA decision supersede a state district court

Customer Question

Does an SSA decision supersede a state district court decision in the state of new Hampshire?
Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 11 months ago.

Can you explain a little more about the decisions that are conflicting?

Customer: replied 11 months ago.
I was divorced in 2014. The uniform support order states my ex was to be rep payee for our children ssdi benefits plus pay 50 of monthly expenses. He was rep payee but refused to pay 50 of expenses. I filed a contempt of the uso and went to court again he was ordered to pay the 50 percent of expenses he ignored the second court order. I wrote to ssa and asked to be rep payee. I was granted rep payee. I now send him 300 of the 512 dollars children receivw per month for child expenses. He now is taking me to court saying the original uso states he is to be rep payee ssa granted me rep payee after learning he was not using the kids ssdi money for their needs. I want to know if federal ssa agency decison supersedes the state district court uso decision. Ty
Expert:  Dwayne B. replied 11 months ago.

As a general rule, yes, the SSA determination would supersede the district court determination. However, it doesn't mean that you can't be held in contempt, it just means that so long as the SSA says you are the representative payee then you are.

You may want to report him to the SSA for diverting the funds for his own use as well. A representative payee has a duty to keep records and provide an accounting when necessary.

Customer: replied 11 months ago.
Thank you. I will write another letter to ssa explaining/updating the situation . Thank you again. My assumption is that he has tried to regain reppayee and has been declined. Thank you again Elizabeth
Expert:  Dwayne B. replied 11 months ago.

You're very welcome.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.