Legal Question in Social Security Law in Connecticut

exhusband illegally received ssd $ on non custodial son

I just found out that my ex husband has been receiving ssd, and ''forgot'' he was divorced and is receiving money in my sons name.I did notify the social security office, and they will revert the check to my son, will he ever see the money (25,740) that my ex illegally received?

They (social security) said they will go the ''Fraud route'', but would not say I would ever be compensated? Will they with hold and send the back balance to me ? Do they (social sec.) actually follow thru? I proved the fraud, and that my son resides with me, but will any of the past money come to my son? Times have been very hard for my family, and I just want to know what happens next, as they did not tell me more then he (son) would start getting the checks in 8 weeks.

thanks.


Asked on 12/06/04, 4:15 pm

1 Answer from Attorneys
Susan Saundry Susan L. Saundry, Attorney at Law

Re: exhusband illegally received ssd $ on non custodial son

The Social Security Administration will attempt to recover the money from your ex-husband so that it can be paid to you on behalf of your son. Whether it will be able to recover the lump sum remains to be seen. If not, SSA may attempt to recover on a monthly basis, which would mean a slow recovery at best.

In the meantime, you might want to consult with your family attorney to discuss whether action is warranted in family court and whether court orders in the underlying family action may assist you in resolving the matter of the overpayment to your ex-husband of the Social Security benefits.

Best of luck to you.

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Answered on 12/07/04, 9:01 am


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