My brother gets SSI for mental disability. He was in a facility for 7 mths. During the 7 mths he was in the facility, he was still getting SSI b/c I did not know it had to be reported. The money was used to pay his rent and other expenses while he was in the facility because I was never told that it would be a long term stay. I thought it was just one month and he would be out. So I continued to pay his rent and expense to keep his room. Then SSI found out that he was in a facility and stopped paying. A month later he was discharged from the hospital and started to get his payments again. SSI sent an over pymt letter stating the total amount of over 2k and that his future payments would be deducted by 10%. A few weeks later, I received a letter for an appt to bring 2 years bank statemts.
Intellectual Property Law Attorney
It sounds like you may be the representative payee for your brother. If you are the representative payee you must be able to show how the money was spent and to show a reason why you spent the money that way. In this case your actions seem reasonable but SS can still review bank statements to verify the expenditures. I would also try to obtain a statement from the doctor's office that says that you initially thought that it would only be a short stay. The more independent corroboratoin from third parties, the better.
This information is provided as a public service to provide a general answer and should not be relied upon as legal advice.
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