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Can a minor file Social Security fraud, and what is to be expected?

Galloway, OH |

My dad is disabled and receives a disability check from Social Security and due to his disability he also received a check for me and my sisters(until they graduated). However about 7 months ago I married as a minor. Since I am a minor in the state of Ohio I needed a signature from a legal guardian. So I asked my father, who obliged as long as I agreed to still use the same address(his address). After I married my father never reported to Social Security that I had moved out and married and therefore continued to collect for me even giving me money. Just a few days ago (after a long discussion) he finally reported to Social Security I had moved out. I want to file fraud but since I am still a minor am I allowed to? If I am after I report what can I expect?

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Attorney answers 3

Posted

You can "report" social security fraud through the SSI hotline in your state, but cannot file a claim against him yourself. You were not damaged by this, thus only the state has standing.

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

Posted

When an adult with children becomes disabled, the benefits are not the child's - they are the parents. They are benefits pai to the disabled parent to help with things like rent, food, bills, clothes, etc. As a child nears 18, SSA sometimes will release the money to the child, or require any saved money be turned over for the child, but under the facts you are describing here and the short time frame you are describing, I doubt SSA will find any fraud. Parents are give a VERY wide latitude on what the money is used for by the parent.

If you file fraud, you ca nexpect an investigation, maybe, and certainly a loss of your relationship with your father - over maybe a couple thousand dollars at most Under these facts I do not see SSA as doing a whole lot. And he will have a good answer for SSA - he waited to report it because he was not sure your marriage would last and you were a minor, and so he reported it once a few months had goneb y. In SSA's world, this is considered pretty fast and not unreasonable.

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

Posted

I would agree with the prior answers. Even if you filed a fraud report the Government would be the one to decide whether or not to pursue it. Since the change was reported, the question that you must ask is whether or not you want to alienate your father (as this most certainly will).

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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