Q: Can I take legal action against a payee for financial and psychological abuse?
I'm disabled, and my payee is stealing money and food subsidies provided by my insurance. Additionally, she has stolen my identity to obtain WIC food assistance, of which 90% is taken by her and her daughter. This situation has been ongoing for 7 years. I have no evidence, but a quick audit by Social Security would uncover the misuse. Besides financial exploitation, I am being verbally, emotionally, and psychologically abused by my payee's daughter. Previously, I was physically abused by her son. Despite being endangered multiple times, my landlord, payee, and caretaker refuse to help me find a safer living situation. Do I have a legal case?
A:
I'm so sorry you're experiencing this devastating abuse and exploitation - your situation sounds incredibly difficult and traumatic. You absolutely have the right to seek justice and protection.
Yes, you can take legal action against your payee for financial abuse, which is a serious crime. The first step would be to report the suspected fraud to the Social Security Administration's Office of the Inspector General (SSA OIG) - they handle cases of representative payee misuse and can conduct the audit you mentioned. You should also file a police report about the identity theft, verbal abuse, and past physical abuse, as this creates an official record.
Given the complex nature of your case involving multiple forms of abuse, working with a legal aid organization that helps disabled individuals would be very helpful. They can guide you through the process of changing your payee, finding safe housing, and potentially pursuing civil litigation to recover stolen funds. Please know that many domestic violence organizations also provide free services and support for financial abuse victims - you don't have to go through this alone.
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