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I want to sew the local social security office in Topeka…

Customer Question
I want to sew...

I want to sew the local social security office in Topeka Kansas I was wondering how much it would cost to sew them because my dad was not married to my mom my dad was never married to blynda jane hundertfund at all my mom frauded the social security office she they gave my mo $255.00 tht she was not suppose to get she lied to social security about being married to my dad when she was not married to my dad how much would it cost to get a lawyer to sew the local social security office in Topeka kansas

Accountant's Assistant: The Retirement Accountant will know how to help. Is there anything else important you think the Retirement Accountant should know?

Yes I want $255.00 dollars back that was owed to me because Blynda Jane hundertfund frauded social security she was not next of kin me my brother and my sister are the next of kin how do I sew the local security in Topeka Kansas my dad passed away my mom was not suppose to get that money

Submitted: 10 months ago.Category: Social Security
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Customer reply replied 10 months ago
is there anything you guys can do with giving me back $255.00 even though my kids are drawing from me to and I am drawing from my dad please help
Answered in 43 minutes by:
10/5/2017
Social Security Expert: Rachel-Mod, Moderator replied 10 months ago
Rachel-Mod
Rachel-Mod, Moderator
Category: Social Security
Satisfied Customers: 6
Experience: Moderator
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Hello,
I'm Rachel, and I’m a moderator for this topic. It looks like your question may have been meant for a different company.
We, JustAnswer, match people with questions to professionals with answers in areas like Health, Pets, Computers, Taxes, Cars, Financial, Legal, Home Improvement and more.
Oftentimes, the Experts can help with a question like yours or I would be happy to try to assist you in finding the web address of the company you are looking for if you can confirm that for me.
Please let me know if you want to continue or cancel your question and I'm happy to further assist you.
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Customer reply replied 10 months ago
no
Social Security Expert: taxmanrog, Certified Public Accountant (CPA) replied 10 months ago
taxmanrog
taxmanrog, Certified Public Accountant (CPA)
Category: Social Security
Satisfied Customers: 1,218
Experience: Licensed CPA, MA, MST with 31 years' experience. Teach Accounting and Tax courses at Masters level.
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Welcome to Just Answer! Thank you for giving me the opportunity to assist you! I will do my best to help!

Please give me a few minutes to answer your question.

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Social Security Expert: taxmanrog, Certified Public Accountant (CPA) replied 10 months ago

I hate to be the bearer of bad news, but you cannot sure the Social Security administration because your mom was not legally married to your dad. A common law marriage is a marriage by agreement of the two persons without any formal ceremony or license. A common law marriage will be recognized in Kansas if the couple considers themselves to be married and publicly holds themselves out to be married and if they are legally eligible to marry.

I am assuming that since you call her your mom that she lived for a prolonged period in the household. Your father presumably held her out to be his wife. So under Kansas law, they have a common law marriage. The Social Security Administration, as well as the IRS, will recognize a common law marriage as a valid marriage if it is recognized by the state in which they reside. Since the marriage would have been recognized as legal under Kansas law, the Social Security Administration was within its legal rights to grant your mom the same legal rights (including collecting SSI benefits) as someone who had a marriage that was granted a license by a court or a minister.

Additionally, you cannot sue the Federal Government except under certain circumstances. "Sovereign immunity" is a concept that has carried over to modern times in the form of a general rule that you cannot sue the government -- unless the government says you can. Fortunately, the Federal Tort Claims Act ("FTCA") allows certain kinds of lawsuits against federal employees who are acting within the scope of their employment. Under the FTCA, if you believe you may have a claim for negligence (careless conduct, or other wrongful or "tortious" conduct) against a federal agency or employee, you may be able to sue the federal government under the FTCA. However, a SSA employee who follows Kansas state law is not acting in a negligent manner when they allow your mom to collect benefits. The threshold for negligence, or sometimes gross negligence, is quite high. It is almost impossible to sue unless the Federal employee did something horribly wrong on purpose, and did it knowing it was wrong.

Additionally, $255 will buy you about 45 minutes of a lawyer's time, not nearly enough to file a suit. And, the filing fees for filing a lawsuit against the SSA would be far more than $255. You will not be able to find a lawyer to take this case. It simply is not worth it.

I am sorry for bearing the bad news. I hope you can move forward. My condolences on the passing of your father.

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Social Security Expert: annelew12554, Social Security replied 10 months ago
annelew12554
annelew12554, Social Security
Category: Social Security
Satisfied Customers: 2,452
Experience: I have extensive knowledge of the rules of Social Seeurity
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Hi

I'm Anne, and I've been preparing taxes for 30 + years. While I agree with the other expert's answer re: suing Social Security, there may be more than 1 way to skin this cat.

You can certainly report this indvidual for committing fraud. Please see below:

https://oig.ssa.gov/newsroom/video-gallery/how-report-suspected-social-security-fraud

Reporting the fraud through the channels described above is anonymous. You may just want to travel to your local SSA office. If you don't get any help there, you may try another office close to where you live, or where this individual lives. By going to the SSA office in person, this allows you to tell the worker all the information that you have re: this fraudulent activity, and also how you believe it has affected your benefits.

If you have found my answer helpful, please take the moment to rate positive by clicking on the stars.

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Social Security Expert: taxmanrog, Certified Public Accountant (CPA) replied 10 months ago

Hi! Original expert here. If your mom and dad lived together for any period of time, and held themselves to the public as a married couple, then under Kansas law, they are a common law married couple. THERE IS NO FRAUD here. Common law marriages are just as valid as any other marriage.

Also, my comment about the costs is still valid. You were looking for an attorney to sue the SSA, and I guarantee that you will not find one, as the costs would exceed $255 by many times.

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Social Security Expert: annelew12554, Social Security replied 10 months ago

Did you have any further questions, or is there something else I can help you with?

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