A social security disability recipient disappeared on July 27th, 1987.
Her son was appointed as her conservator by a state circuit court in Escambia County Florida on December 7th 1988. By order of that court, the son was authorized to take possession of and hold all property of the missing beneficiary.
The son then sought to compel the social security administration to pay his missing mother’s disability benefits to him. The administration refused.
It was held that the social security administration could not be compelled to pay benefits to a conservator appointed in state court proceedings in which it was not a party and in which opposing interests had not been represented.
Social Security benefits are personal to the recipient and cannot be transferred or assigned, or paid to another person except pursuant to representative payer provisions where the recipient is unable to manage his or her own financial affairs. Social Security benefits are not subject to legal process.
See Social Security Ruling (SSR) 90-6.
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.