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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13568
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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My son was receiving social security at the time of his

Customer Question

My son was receiving social security at the time of his death. He had $ sent to a debit card at the beginning of the month and died later that month. He was due the money. I was the representative payee. After he passed, the card was frozen. Now the card people want a copy of the death certificate (actually they want the person whose name is ***** ***** card, me. I told them I wasn't dead yet! they said OK send his.) They also want another document (gave me 5 choices) ie letter of probate, letter of executor, etc etc. None of them are available since he was disabled since birth. I asked if I could send them the letter from SS stating my name and that he would begin receiving a debit card. They said no. I asked them to send the money back to SS. They again said no. The letter they sent me said to go to the Co Clerk's office for help. Since none of these documents exist, what should I do????? Thank you
Submitted: 1 year ago.
Category: Social Security
Expert:  Rick Martin replied 1 year ago.

Hi, I would like to assist you with your question. May I ask what the five documentation choices were, if you remember. -Rick

Expert:  Stephanie O Joy, Esq replied 1 year ago.

Good morning. I see your prior expert opted out. My name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.

I am familiar with your issue, as I am understanding it. You need the authority to request/demand that the undrepayment due your son, who is deceased (and I am very sorry for your loss) be paid out - to you.

This is possible without opening probate, which can be expensive and time consuming, particularly if his ONLY probate asset would be that underpayment. Rather, you can use YOUR state's small estate processes, which typically includes simply signing a small estate affidavit, and the SSA will comply:

Expert:  Stephanie O Joy, Esq replied 1 year ago.

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

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

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

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