Can the Social Security office gain access to a closed bank account, that a person had while they were not receiving SSI ?

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I have a friend who is being billed bye Social Security Office , for supposed overpayment, of SSI Income . Can the Social Security Office gain access to a bank account a person had when they were not receiving SSI payments ? The bank account is closed although I do believe that they still have a credit card with that bank . Tried to explain this as specific as possible .

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David T Seto
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on Sep 19, 2015
I agree with the others. The SSA cannot access a closed bank account. What they will do is reduce the benefit until the overpayment is repaid. You should call them and work out a payment plan.
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Debra J Venhaus
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on Sep 17, 2015
Social Security does not take overpayments from bank accounts. They simply withhold benefit payments, in whole or in part, to pay toward the balance. Your friend should go into SSA to get it figured out and arrange a payment schedule s/he can live with. Good luck.
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Pardis Patrick Ashouri
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on Sep 17, 2015
The only reason that comes to mind for SS office to attempt this is to verify assets which your friend has disclosed or not on the initial application. Ie. Whether there was non disclosed assets or misrepresentation of assets on the application.
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Alexander O Bentsen
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on Sep 17, 2015
There is no way to know. Though, I am aware of banks and financial institutions reporting information directly to the IRS, so there is always a possibility that even if the account was closed the existence of the account does not disappear with the closing of the account. There are numerous ways records of an account can stay recorded somewhere -- so the answer is maybe. Obviously, if the overpayment is due to that account Social Security would have to know of it.
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Lloyd A. Pont
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on Sep 17, 2015
If the bank account is closed then there is nothing for the SSA to access. However, the bigger problem is the claimed over payment itself which is something your friend will need to address with SSA. This link might be helpful: http://www.ssa.gov/ssi/text-overpay-ussi.htm
answers to questions are for general purposes only and do not establish an attorney-client relationship.
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Marissa Steppacher Ellis
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on Sep 17, 2015
Given only the information provided, and assuming the same is true, I would say, "no," the Administration cannot gain access to your friend's bank account, especially if it appears one no longer exists to access. I answer as I do as you generally must provide the Administration with information necessary to access the bank account in the first place, e.g. account number and routing number, in addition to granting permission to do the same. Presumably, the only reason the Administration would be accessing the account is because they were previously granted the permission, and information, to do so. As such, I would advise your friend contact the Administration directly to figure out what is going on- he/she may go to the office in person or reach out by telephone. If they are unable to resolve the matter, I would advise they seek counsel, i.e. legal representation, for assistance with this matter. Good luck to you, and, your friend.
The comments provided by Attorney Ellis are done so only for general information and do not constitute legal advice. An attorney-client relationship has not here been established with Attorney Ellis. Should you wish to obtain legal advice regarding your individual situation, please contact Attorney Ellis directly or consult an attorney licensed in your particular locale with experience in the field.
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