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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33763
Experience:  Began practicing law in 1992
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I was a representative payee for a person on SSI disability.

Customer Question

I was a representative payee for a person on SSI disability. His payments were supposed to discontinue in June and the SSI dept overpayed 3 or 4 months anyway. I was never notified of the discontinuation of benefits, just something the benefactor said. Nonetheless, I took the money and used it for personal reasons. SSI has now contacted him about the overpayment and he was advised to turn me in for fraud. How should I address this situation. I am prepared to make some repayment and settle the rest over time. Please advise. Thanks.
Submitted: 12 months ago.
Category: Legal
Expert:  Dwayne B. replied 12 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 12 months ago.

The best thing you can do at this point is to hire a lawyer and turn it over to them. They may be able to work out some kind of arrangement with the SSA but at this point anything you say to them can be used against you and they can misconstrue what you tell them.

The problem is that there is almost no defense against this other than "I didn't do it".

In addition, the SSA may require an audit of the entire time you were the payee for this person. How long were you payee? How good are your records of what the money was spent on (before the last 3 or 4 months)?

Customer: replied 12 months ago.
Thank you for letting me know you will assist in helping with my question. My card was charged so I assume you will provide a relevant response to my question.
Expert:  Dwayne B. replied 12 months ago.

I have started providing an answer above and asked you a few questions that I need you to answer.