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Discussion Starter #1 (Edited)
rAs most of you know, my husband recently had heart surgery and two hours after the surgery, a suture came loose off the aorta artery. The lack of oxygen to the brain caused his body to go into a coma and he also suffered moderate brain damage.

He has come out of the coma, but he is in a vegetable stage. His prognosis is anoxic brain injury. He has a greater chance of recovering within the next two months. After that, his chances of recovery are very slim.

So how does this involve the government? Well, yesterday I got a rude awakening. The Dr. wrote a letter stating that my husband couldn't sign any business documents and I took that letter to the social security office so that I can get his check sent to our local bank so that I can close out our old bank account in Dallas. Once the person at the window read the letter from the Dr., he told me I needed to talk to someone in the office and asked me to take a seat. He said that I should show her that letter. After waiting an hour, I am told that she is ready to see me. She reads the letter and questions me about his health. Then, she ask me if he could sign any documents and I say no. She types some info in the terminal and I tell her about the bank account. Even though the check is direct deposited in our Dallas bank, she puts down that it hasn't been direct deposited. Then she instructs me to open an account in his name only and list me as his representative. She then tells me that if I misuse his money, then, I can face legal charges. I ask her if I can buy food with this money and she tells me no. So now I am suddenly without any funds!!! I guess if I hadn't gone to the Social Security office I would have broken the law. However, I don't understand why since my husband chose to have his check sent to a shared bank account so that we both could use his funds.
I can't help thinking that something is terribly wrong with this picture since we have been married 34 years - tomorrow is our 34th anniversary. Also, why did that lady in the social security office put down that he hasn't direct deposited his check yet?
The more I think about this, the more upset I get.
 

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Put your self down as the "Representative Payee" as allowed by the Socail Sec Admin.
Use a power of Attorney if you have one to take over his affairs.
Look into any legal documents that you may have a Will,Trust, Power of Attorney, Living Trust,or any other documents etc to see if they may help.
If not you need a Lawyer to go to Court and get a Court Order to allow you to manage all affairs on your Husbands behalf, until a full recovery by him. Absolutely Do not delay or put this off ....I repeat do not do it...it is extremley important you have the paperwork for all legal BS,.... so you can focus on his quick speedy and full Recovery.

In the mean time use the old account and spent the money as you see fit and document what the money goes for and keep receipts.

Good luck!....My deepest sympathy to you, for the added stresses upon you, during this difficult time.
 

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You are obviously dealing with some typical, stupid Federal government worker clones. Don't dispair.

Call the United Way for some free advice on how to handle this.

If you can afford it, get an attorney.

Talk to a VP at your bank. They deal with this kind of thing all of the time and should be able to fix things.

Call the local office of your member of Congress and U.S. Senator. Again, they help with these problems every day. That is what they are there for. For YOU and your husband.

As for the statement that you cannot buy food with that money, that is insane. Of COURSE you can.

I agree with you, this is maddening, but is it really any surprise?

Really, all you have to do is get a judge to issue you "Power of Attorney" and the rest will be solved.

Prayers for you and hang in there. You don't have to go through this alone.

Keep us updated so we can render any further advice. :)

rAs most of you know, my husband recently had heart surgery and two hours after the surgery, a suture came loose off the aorta artery. The lack of oxygen to the brain caused his body to go into a coma and he also suffered moderate brain damage.

He has come out of the coma, but he is in a vegetable stage. His prognosis is anoxic brain injury. He has a greater chance of recovering within the next two months. After that, his chances of recovery are very slim.

So how does this involve the government? Well, yesterday I got a rude awakening. The Dr. wrote a letter stating that my husband couldn't sign any business documents and I took that letter to the social security office so that I can get his check sent to our local bank so that I can close out our old bank account in Dallas. Once the person at the window read the letter from the Dr., he told me I needed to talk to someone in the office and asked me to take a seat. He said that I should show her that letter. After waiting an hour, I am told that she is ready to see me. She reads the letter and questions me about his health. Then, she ask me if he could sign any documents and I say no. She types some info in the terminal and I tell her about the bank account. Even though the check is direct deposited in our Dallas bank, she puts down that it hasn't been direct deposited. Then she instructs me to open an account in his name only and list me as his representative. She then tells me that if I misuse his money, then, I can face legal charges. I ask her if I can buy food with this money and she tells me no. So now I am suddenly without any funds!!! I guess if I hadn't gone to the Social Security office I would have broken the law. However, I don't understand why since my husband chose to have his check sent to a shared bank account so that we both could use his funds.
I can't help thinking that something is terribly wrong with this picture since we have been married 34 years - tomorrow is our 34th anniversary. Also, why did that lady in the social security office put down that he hasn't direct deposited his check yet?
The more I think about this, the more upset I get.
 

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I am so, so sorry to hear about these events. I have no advice, but my prayers will be with you & your husband. May God bless you & yours. <3
 

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You are obviously dealing with some typical, stupid Federal government worker clones. Don't dispair.

Call the local office of your member of Congress and U.S. Senator. Again, they help with these problems every day. That is what they are there for. For YOU and your husband. :)
You nailed it on calling your Congressman.
 

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Are you really husband and wife? Gov't does not recognize common law for designated payee services. Is bank account not joint? If so, that may be the issue. Deal with it at the bank. Best wishes.
 

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Discussion Starter #8
Are you really husband and wife? Gov't does not recognize common law for designated payee services. Is bank account not joint? If so, that may be the issue. Deal with it at the bank. Best wishes.
Yes, we have really been married 34 years and our bank account is a joint account. These questions were never asked. It was all about who the funds belong to. I really felt my vows were some how tarnished after talking to her. "through sickness and health...richer or poorer"
 

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I would leave the original joint account open for the direct deposit, then transfer the funds to your account if you want. It is extremely important for you to get a power of attorney, and having a conservatorship or guardianship over your husband until he is able to speak for himself would also be handy. My prayers to you and your husband.
 

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Discussion Starter #11
I would leave the original joint account open for the direct deposit, then transfer the funds to your account if you want. It is extremely important for you to get a power of attorney, and having a conservatorship or guardianship over your husband until he is able to speak for himself would also be handy. My prayers to you and your husband.
I don't know if I still have that option to leave the check direct depositing into the old account since the social security office is aware that he can't handle his finances.
 

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My prayers are going out to you and your's. Keep fighting the fight. Remember, the squeaky wheel gets the grease. Keep making noise. Most govt agencies dislike bad press, so give them some!
 

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I hope your husband's condition improves and my thoughts are with you in this tough time with Social Security. It is a shame that they dealt with you in this manner.
 

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Discussion Starter #15
According to the SSA website, you can actually file based on his work alone, even if he is not available. Problem is, you only can get 1/2 the benefits. Try the website or the helpline. Something is amiss.





http://ssa-custhelp.ssa.gov/cgi-bin...nBfcHY9JnBfY3Y9JnBfcGFnZT0x&p_li=&p_topview=1
I'm not old enough to receive retirement benefits. Since I've worked since 1982, I can draw on my own benefits or his when the time comes for me to retire. The only reason I'm not working now is because of my husbands injury and he needs me. I've had to give my permission for almost everything thing the hospital has done to help him.

I'm also having a hard time dealing with his brain damage and I'm in no shape to work. I'm taking anti-depressants and anxiety pills and I still cry a lot. I guess I'm not as tough as I thought I was.
 

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I'm not old enough to receive retirement benefits. Since I've worked since 1982, I can draw on my own benefits or his when the time comes for me to retire. The only reason I'm not working now is because of my husbands injury and he needs me. I've had to give my permission for almost everything thing the hospital has done to help him.

I'm also having a hard time dealing with his brain damage and I'm in no shape to work. I'm taking anti-depressants and anxiety pills and I still cry a lot. I guess I'm not as tough as I thought I was.
OK. So its SSD? Different animal. He may get either Medicaid or SSD. If he's in hospital, getting food, bed etc., you may have a problem. Try Social Worker at Hospital. Madicaid is probably paying for his care now? That may be it. I'' search web a bit, but social workers live to answer problems like this. USE YOUR RESOURCES!
 

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Discussion Starter #17
OK. So its SSD? Different animal. He may get either Medicaid or SSD. If he's in hospital, getting food, bed etc., you may have a problem. Try Social Worker at Hospital. Madicaid is probably paying for his care now? That may be it. I'' search web a bit, but social workers live to answer problems like this. USE YOUR RESOURCES!
Yes, I was talking about his disability check from Social Security. His health insurance is paying for his stay at the rehab facility that we admitted him to. Later, if he needs to be moved to a nursing home, he'll probably need Medicaid to help pay because they are very expensive.
 

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Malaz , I am very sorry to hear of your husband's illness and your dilemma. My mother suffered anoxia and resulting brain damage from a medication error while being treated for broken ribs. She recovered to a point , but only after we took her out of the recommended nursing home and brought her home. Thankfully , her account with my step father was listed as mr. OR mrs. , instead of mr. and mrs. That allowed my stepfather to access her funds . The only problem we had was with Tricare , as my stepfather was a 100% disabled veteran. They would insist on talking with a woman in a vegetative state . Luckily , we did not need them to pay anything. My mother was older than your husband and our attorney told us that despite the obvious error made by the hospital , that a law suit would not help as she was " beyond her productive years".

If you place your husband in a nursing home , watch them like a hawk. I am a retired nurse and caught them in many neglect situations during the 1 week my mother was there. Since she could not speak , she was ignored. And , constantly given narcotics when she began to yell and scream. Old people and narcotics can be dicey . Once we brought her home , detoxed her , she was up in a chair , feeding tube out and at least able to communicate , although confused and disorganized, with us within a month. Hospice was a great help and we had her with us for another 5 years. If he is eligible , they always have access to resources through the Social workers that you might not be aware of .
I have no ideas for you other than Congressmen , social workers , lawyers and prayer. My thoughts are with you .
 

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Just open another account at your new location. Write a check each month from the old account to the new one. Do NOT close the old account. Why would you have to tell anybody anything? You can bank on the moon if they open a branch there!~

Best of luck..............
 
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