Legal Question in Social Security Law in California

Receipt of SSI from deceased spouse

When my husband died I told bank but his SSI benefits continued to be deposited by direct deposit. After a year my deceased husband received a letter from SSI requiring a in person meeting with them. When he didn't show up they send me a letter saying I owe SSI over $8,000.000. How do I handle this?

Asked on 1/14/09, 9:14 pm

1 Answer from Attorneys

Samuel Salazar Law Offices of Samuel L. Salazar

Re: Receipt of SSI from deceased spouse

I assume you notified them in writing when you "told" them last year. Since they are now claiming an overpayment, they may be entitled to that money, especially if you "cashed" the checks. They may argue that you were aware that he was not entitled to those benefits and you should not have cashed the checks.

On the other hand, you can argue that you advised them and took no part, or did not cause the overpayment. You may tell them that you do not have the funds to pay the money back. However, I would write (or call, if it is a local number) and schedule an appt to talk to them. They will give you a decision and you will then have an opportunity to appeal if you disagree with the decision.

If you would like to contact my office, please feel free to call me or you me email me at:

[email protected]

My address is located below. Good luck, and I hope to hear from you.

(I do not charge for any consultations, so don't worry about having to pay an attorney fee if you prefer to call me directly.)

Samuel L. Salazar

Attorney at Law

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Answered on 1/15/09, 8:12 pm

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