Legal Question in Social Security Law in California

How come the Social Security Adm. gave my mothers money to someone eles?

My mother became disabeled due to cancer 4 or 5 years ago.. She had got so sick that she put her landlord on her bank account as joint so that he could get access to the rent money when she was in and out of the hospital . She died in February1997 and in March 1997 The Social Security Administration deposited over 13,000.00 in her account wich the bank says that the man on her joint account now owns. If we don't sue him he gets to keep the money . We can't afford a fancy lawyer and we do not even know whare or how to do something about this. The S.S. Adm. could not tell us what to do or how to handel this. We can't afford the legal expence. We would greatly appresiate any help or advice in this matter. Thank You ,


Asked on 4/29/98, 10:07 pm

1 Answer from Attorneys

Administrative Error?

You need to find out what this money was for. You didn't state in your questions whether these were continued payments over time, or whether it was a lump sum deposit. It may well be that this is an overpayment error by the Administration, in which case you do not want that liability. Document this entire situation in writing to the SS Administration, being sure to identify yourself, include your mother's SSN for proper reference, a copy of the death certificate. State the facts as you know them to be, including the infomation about the landlord being on the account and who he is, and request an explanation of the validity of the payment(s). KEEP A COPY FOR YOURSELF! What you don't want is to sue the landlord, only to find out the SSA made a mistake. Once you have found out whether your mother was really entitled to this money, then you can proceed against the landlord, if you choose. I would tell you probably will need to hire a lawyer, because it will be a difficult case. Check with your local legal services office, Lawyer referral service, or Pro Bono office.

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Answered on 5/20/98, 9:06 am


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