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  1. #1
    Join Date
    Nov 2011
    Posts
    2

    Default SSDI Backpay Dispute

    My question involves a person located in the state of: Illinois

    Background:
    X receives fully favorable SSDI ruling for mental illness. Award comes with substantial backpay and no restrictions. Months later, X's mother surreptitiously achieves Representative Payee status over X's funds, claiming X isn't taking his meds and so can't be trusted to manage his funds. There is no evidence of mismanagement at that time, however, and none is presented (save the claim of X's mother that she was worried). There was in fact no due process, X wasn't even told until the control of his funds changed hands.

    Two months into new payee arrangement, family emergency takes mother to other place. X is abandoned to manage his bills through a 'joint checkbook' his mother set up (for some reason). During this time X does pay his bills. He also takes the entire backpay award out of the savings account and then invests it in stock market.

    Mother returns and notices backpay missing. She is outraged and worried about legal for herself and/or SSDI continuance consequences for X.

    Heart of Matter:
    Emotionally unsteady X never felt he needed representative payee in the first place. A Representative Payee was not demanded for X by either the awarding court or any psychiatrist. Only Social Security office did so based on tip from his mother. However, X has now managed his funds for 4 months with problem. His backpay remains invested (and at risk) in stock market. But even if money left the market as cash out (whether X won or lost in the market), X refuses to cede control of the backpay back to his mother.

    Questions:
    1. What can happen to X's mother in terms of legal action or fiscal obligation?

    2. What can happen to X?

    3. Is the continuation of X's SSDI in general at risk?

    What is X's best move?

  2. #2
    Join Date
    Nov 2011
    Posts
    2

    Default Re: SSDI Backpay Dispute

    This is not a trick question, I have it on good account that X really needs some advice here.

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