Social Security kept paying a dead Florida woman for nearly 6 years — and her great-niece cashed in. Who's on the hook?
The law is pretty clear: Social Security fraud comes with severe consequences.
A Florida woman who passed away kept receiving her Social Security retirement benefits for nearly six years — and her great-niece was cashing in.
Asha Anderson, 48, of Pompano Beach, Florida had been withdrawing her great-aunt's benefits from ATMs between April 2017 and December 2022 — to the tune of more than $152,000, according to prosecutors.
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Now Anderson has been found guilty of both Social Security fraud and theft of government funds, meaning she could face fines and jail time.
If the Social Security Administration (SSA) keeps paying benefits after someone dies, who's on the hook? The law is pretty clear about this one.
Social Security fraud comes in many forms. For example, fraudsters might target you by pretending to work for the SSA so they can obtain your personally identifiable information, such as your Social Security number. Then, they can use that information to commit identity theft and file claims under the stolen SSN.
But fraud also relates to submitting false information on a claim, misusing someone's benefits who's incapacitated or collecting someone's benefits after they pass away — either hiding their death or simply not bothering to report it.
**"**Under federal law, collecting funds from a deceased beneficiary constitutes federal Social Security fraud and theft of government property," writes Dmitry Gorin, a partner with Eisner Gorin LLP, in a blog post. "This serious federal crime carries penalties including felony charges , federal prison sentences, mandatory financial restitution and substantial fines."
It's possible you spent the funds without any fraudulent intent. After all, the death of a loved one comes with an enormous amount of administrative work at a time when you're experiencing an enormous amount of grief.
In cases where there's no criminal intent to commit fraud, you'll still have to repay any posthumous payments.
But intentional deception or willful concealment is a different matter altogether. In those instances, you'll have to repay the stolen funds, but you could also face substantive jail time.
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