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I live in Arkansas and my brother in law who lives in

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Arizona sent my mother in...
I live in Arkansas and my brother in law who lives in Arizona sent my mother in law to live with us because he could not take care of her any longer. Her social security did not follow her here. We did not have a problem with that because we were willing and able to take care of financial needs. However, once Mom died, my brother in law told us there was no money for a funeral so we had to cremate Mom. My question is should that money have followed Mom, and since it didn't, do we have any options to get that money back?
Submitted: 1 year ago.Category: Social Security
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1/5/2016
Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 1 year ago
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13,572
Experience: 22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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How long did your MIL live with you?

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Customer reply replied 1 year ago
11 months
Customer reply replied 1 year ago
Are you there?
Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 1 year ago

Yes, please bear with me. I am drafting your answer and will post as soon as it is done.

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Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 1 year ago

Hi again, OK, with regard to your post:

"I live in Arkansas and my brother in law who lives in Arizona sent my mother in law to live with us because he could not take care of her any longer. ------- OK.

"Her social security did not follow her here. -------- This means that someone took it, typically. Did you not report her change of address to the SSA, and change her bank to one near where she moved? I will assume you did not and that her moneys continued to be deposited into her account in her former residence. Also, if she was not capable, she would have had a Representative Payee who used her moneys to pay her living expenses. Since she no longer paid her way to live with BIL, since she didn't live there, those moneys should STILL be in the account they were sent to, unless he stole them, perhaps.

"We did not have a problem with that because we were willing and able to take care of financial needs. ------ That is not right. Her income is hers, and while it is kind to help someone financially with no income, she had income and her RP was required to pay her bills with it, including her housing, food, medical, clothing, vacations, personal items, etc.

"However, once Mom died, my brother in law told us there was no money for a funeral so we had to cremate Mom. ------- The question is, where did her 11 months of income go? He is the custodian of her money and if he spent it on himself, he can be held liable. He is committing theft if he used it for himself AND fraud potentially. SSA can charge HIM with that, as well as "overpayment" and require he pay back OR take it from HIS current or future SS benefits.

"My question is should that money have followed Mom, ------ YES.

"and since it didn't, do we have any options to get that money back? ------ Yes, speak to your BIL, and explain that he must send the 11 months of HER money to you, since she has lots of bills (including her share of rent/housing for herself, food, medical, transportation to doctors, etc. That it is a crime for him to have embezzled her money. You can let him know that if he doesn't send MOM's money to you to pay her bills, you will have to have the SSA get involved.

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Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 1 year ago

I hope this helps! My goal is toprovide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, Iam happy to address follow-up questions.

Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, shouldyou have legal questions. Be sure tostart future posts with "To ***** Esq., ONLY" ifyou want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

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Customer reply replied 1 year ago
thank you
Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 1 year ago

You bet, please don't forget to rate 5 stars.

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Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 1 year ago

Hello again. It is Stephanie Joy,checking back with you. It is month end for my office accounting - Please,if you haven't yet had the opportunity to do either of the items below, I ask that you do so now, because it is the only way I can receive credit for time spent with you. Please:

1) Follow up if clarification is needed on our above interaction/Q&A, OR

2) Rate me highly if we are finished for the time being.

If there's more I can do, please use the reply tab and let me know how I can be of further assistance. It's my goal to provide you with excellent service- to make sure I answered the question you asked about. Please rate me highly and provide me with feedback. And thanks for understanding how we receive credit from the Site for contributing our time here!

Sincerely,

Stephanie O. Joy, Esq. – Your Online Legal Professional

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Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
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