When a 60 year old Social Security beneficiary disappeared in July of 1987, the agency suspended her benefits after learning of her disappearance. After her disappearance but before social security learned about it, four benefit checks had been sent to and signed for in the beneficiary’s name, although the signature appeared to be a forgery.

Her son, who obtained a state court appointment as her conservator to collect and manage her assets, sought to compel the Social Security Administration to pay him his mother’s benefits.

The Social Security Administration declined, citing several grounds. First, the agency was not a party to the state court case and had no chance to appear and assert its position. It could not be bound by a State court decision that had not been contested by parties with opposing interests. Secondly, the agency had no statutory authority to pay benefits to anyone other than the entitled beneficiary, or to a duly appointed representative payee if the beneficiary is unable to manage his or her own funds in their own best interest. Simply put, Social Security benefits are personal and, with certain limited exceptions, cannot be transferred or assigned, and are not subject to any legal process.

The son stated his suspicion that his mother had passed away. If this were indeed the case, then no benefits were payable to her as of the month of her death. Social Security Ruling (SSR) 90-6 sets out this outcome in detail. The agency was justified in suspending the missing person’s benefits until her status or whereabouts were determined.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.