Child with Same Name As Parent is Using Our Address to Apply for State Benefits

My question involves defamation in the state of: Texas My Stepson and husband share the same first and last names, middle names are different. My stepson is homeless and is using our address to apply for state and federal assistance programs. My husband receives Social Security disability benefits and the state of Texas pays for his medicare and helps with his prescriptions. If his son were to receive any benefits, it looks like there is extra income in our household and could affect my husband's benefits.

We have asked the son repeatedly to cease using our address as his own to no avail.

We are willing to press charges and file complaints as necessary to stop him, but do not know where to start. Any advice is greatly welcomed.

If you receive mail in his name, write "return to sender" on the envelope and put it back in your outgoing mailbox.

Why on earth do you think charges or defamation is necessary?

I found it difficult to find a catagory that fit my questions. "Return to Sender" does not stop him from applying for benefits with our address and household information, which could be devastating to my husband's social security if the two identities are not kept separate, a nearly impossible task with two people with the same name at the same address. I also receive all of his emergency room visit bills, bank statements, or rather overdraft charges, all of which could be marked "return to sender" or "not at this address" with no consequences. The problem comes when I receive a letter from Health and Human Services asking for more information or "your benefits could be affected". Sometimes these letters only have a name, no other identifying information. My husband, who is genuinely disabled and receives extra help from the state of Texas, cannot afford to lose these benefits because his son, who choses not to work, but to work at seeing how many free programs he can defraud, applies for them under our address.

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Quoting grannyd919

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I found it difficult to find a catagory that fit my questions. "Return to Sender" does not stop him from applying for benefits with our address and household information, which could be devastating to my husband's social security if the two identities are not kept separate, a nearly impossible task with two people with the same name at the same address. I also receive all of his emergency room visit bills, bank statements, or rather overdraft charges, all of which could be marked "return to sender" or "not at this address" with no consequences. The problem comes when I receive a letter from Health and Human Services asking for more information or "your benefits could be affected". Sometimes these letters only have a name, no other identifying information. My husband, who is genuinely disabled and receives extra help from the state of Texas, cannot afford to lose these benefits because his son, who choses not to work, but to work at seeing how many free programs he can defraud, applies for them under our address.

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So you're opening his mail, too?

Do you realize that's a felony?

How are they supposed to know whether the mail is for the father or the son?

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Quoting mmmagique

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How are they supposed to know whether the mail is for the father or the son?

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Agree - OP is opening son's mail because it looks like hubby's mail. She wouldn't be having to do this if son wasn't trying to defraud the government. So it's son's fault his mail is being opened by OP, not OP's fault.

Thank you, not sure why some want to make me out to be the bad guy in this. To clarify, My husband's name is Kevin John Smith, his son's name is Kevin James Smith. Mail comes to my address as Kevin Smith, how am I to distinguish without opening? I'm not the one committing any crimes, but thank you for the replies.

So once you've determined that it's not for your husband, tape it shut again, put it all in an envelope and return it to sender with a note; Kevin James Smith does not live here; please update address, or something like that. You can't stop him from using the address, but you can damn well make sure they know that he is not resident there. Then THEY can go after him for any fraud.

Thank you, cbg, I do appreciate all advice.

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Quoting Dogmatique

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So you're opening his mail, too?

Do you realize that's a felony?

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Do you really suppose that if I open an envelope addressed in my name sent to my house and it turns out it was for a relative with the same name not at my house, I've somehow committed a felony? Until John Doe opened the envelope, how would he possibly know it was not for him since it is addressed to John Doe and came to his house, where there is only one occupant named John Doe? Seriously...

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Quoting grannyd919

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Thank you, not sure why some want to make me out to be the bad guy in this.

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There's a funny dynamic at this website. Some folks here think it is great sport to turn people's questions around and accuse them of all sorts of mischief, like calling them felons. I wish people who have no intention of helping others would remain silent rather than do that. But alas, you're on a free website so... you get what you pay for, I guess.

I get it Bubba, and thanks for genuinely responding.

If your husband is on SSDI, then his benefits are not based on household income, but what he paid into the system before his disability.

If your husband is on SSI, that is needs-based and the household income is considered (federal welfare).

My husband receives SSDI, but the Texas Health and Human Services Commission pays for his Medicare and we receive assistance with his prescriptions, those two being income based. I work and we are barely under the limit to receive the assistance, therefore any increase in household income would disrupt that. If my stepson were to be awarded SNAP benefits, I'm afraid that the state would see it as income since it is based (falsely) on our address. My stepson, who is 27 years old, btw, has lied on the application for food stamps in many ways, not just the address. \

I am going to call 211 on Monday morning to see what I can do. My fear is that the agency will be confused about what is what, even though the social security numbers are different of course, it's a matter of getting someone to understand.

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My original question was not about disability benefits. Those are in place here. I was switched to this forum thread, which doesn't really apply to my situation either. I realize this is a sketchy category, so thank you to all those who took the time to consider an answer.

Medicare is not income based.

Medicaid is.

OP, I do apologize. I made a rush to judgment and I shouldn't have done that.

Give the stepson a gift of a post office box. Pay for a year. That helps him too.

I always find it amusing that people name their children after themselves and then complain about the confusion that results.

Actually, I'd suggest taking the envelopes TO THE SOCIAL SECURITY ADMINISTRATION, hand them to a supervisor and explain the situation. They'll open an investigation and pull his coat tail.

contact the welfare office and notify them that he does not live at that address, most likely they will close his case for failing to provide proof of where he lives.

Medicare is not income based, but you do have to pay for it. When you are low income, as we are, you can get assistance paying for the Medicare premium, the ASSITANCE is income based.

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I will be taking the envelopes that I received to the Social Security Admin office tomorrow. I feel that is the solution at this point, and hopefully someone there can resolve this particular issue. Unfortunately, my stepson will continue to use our address for his benefit. He does occasionally land somewhere with an address and guess what he does then? He gets his mail forwarded, which is a nightmare in itself. Thank goodness for online bill pay and business as this takes months to repair.

I agree on naming a child after a parent, it is a stupid move. I can say that since I'm the evil stepmom.

And last, I did offer to pay for a post office box, but guess what the first requirement is??? A physical address, so that was out the window in a hurry.

If you receive food stamps and the setp son has applied for food stamps at your address, you also need to contact your food stamp case worker and explain the situation. SSA does not administer the program that provides Extra Help or Medicare Savings Program, the state Medicaid program does. If your step son isn't applying for social security benefits, I don't understand why he is receiving mail from SSA.

I called 211 for help as instructed on the correspondence received. They were of great help, and hopefully will resolve him using our address, at least to apply for state benefits.

Mercy, he was applying only for food stamps, the mail was from the Texas Health and Human Services Commission, which also supplies the extra help with Medicare. We don't receive food stamps ourselves, so no problem there, but thank you for the advice.