Noteboom The Law Firm

Nursing Home Takes Charge of Residents' Money

Choosing a representative payee to handle your funds if you are unable to is not uncommon. Typically, it is someone you know and trust. However, residents at one adult home are upset because they claim that those in charge are handling their money, despite the fact that they are perfectly capable of doing so themselves.

According to recordonline.com, the administrative staff at The Eliot at Erie Station adult home has taken control of residents' money, without their consent. The New York rules do state that the staff of adult homes can take control of residents' Social Security disability payments. However, this is only if they cannot handle it themselves, and many residents claim that there is no proof of that.

Currently, the staff must give disability recipients $178 of their money every month to spend as they wish, but new rules at the house state that residents must provide a 24-hour notice if they want to receive more than $50 at one time.

Though some residents might be better off with someone else handling their funds, many are quite able to balance their own budget. A doctor's signature is required in order to put someone else in charge of benefits, and most residents do not have that.

Thus, according to the SSA, there is no reason that the adult home has taken control of finances for residents. An investigation is being completed, which may result in fines if it is found that the adult home is in the wrong.

There is nothing wrong with having a representative payee, but it stands to reason that you would want to choose the best one for you. Having officials that you do not know very well handle your finances without you asking is understandably uncomfortable. Residents at the home deserve to select their own representative payee just as much as any other disability recipients do, and they will likely get the chance once the case is resolved.

If you or your loved one are suffering from a severe physical or mental disability, you should contact a Social Security Disability lawyer immediately to learn about your rights and determine eligibility. The process of securing Social Security Disability Insurance benefits and/or Supplemental Security Income (SSI) can be difficult and overwhelming. Don't go it alone! The disability lawyers at LaVan & Neidenberg, located in Ft. Lauderdale, FL understand the inner workings of the Social Security Administration and will help you navigate the system. Call us today for a FREE legal consultation - 1-888-234-5758.