Why is the nursing care facility taking my mothers social security? - AgingCare.com

Why is the nursing care facility taking my mothers social security?

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To my surprise I did an inquiry on my mother's checking account and notice and unusal balance. I checked with her bank and was told that she did not receive a direct deposit for Septemeber. I contacted Social Security and was told that her benefits is a Organization Payee and the the NCF is receiving her benefits. Mind you, my mother has been released since July 2013. She also has supplemental insurance through Medicade. It was established back then with the nursing care facility that she would be there on a temporary basis therefore her social security would not pay for her stay. Yes, they tried but I talk to her casework through medicade and was advised that the NCF was using the wrong billing codes and the caseworker would take care of if. I have not heard anyting since then assuming it was all taken care of. Did anyone have this issue? I am getting a lawyer because this is fraud. I cannot tell my mother and she is not well and this would make her really sick knowing that she has not received her benefits. Also, taking to the SSA I was informed that the NCF is going to received another deposit. The NCF know she is not there and continue to take her money. Frauds

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NHF is not deducting rent for a family member - we gave them check to use and every thing for direct deposit. I do not use this account as I want to make sure there is money in to cover costs - so its for the sole purpose and I am speechless. Has any one had this happen - they have never even sent a statement.
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Why run to a lawyer? Just talk with them. Not everyone is trying to commit fraud. Fraud means intentionally trying to defraud someone. Accidentally using the wrong codes does not make it fraud. Is she on Rehab in the nursing home? Is she doing physical therapy? If she is, then Medicare pays for it...but they still have a 20% that they will have to pay. Is the remaining 20% covered by Medicaid? If she is on long term (meaning not on rehab) then it is private pay or Medicaid only.... Medicare does not cover this and they would be taking her Social Security Benefits. It isn't free. If you want to get upset with someone, get upset with the government that keeps cutting payments to the nursing homes. People want their parents to get the 5 star treatment (as I did my mom and as I would want for my father) but when the government has it's nose all up in how many minutes someone can be with a patient then it becomes ridiculous. The poor RN's are there to just go from room to room and hand out medications instead of taking care of the patients. They need MORE nurses and MORE staff across the board in the nursing homes, but when the government says that they are only allowed one nurse in between these hours for x amount of patients....it is hard for the nursing homes to run at a 5 Star Level. It is just truly sad to see how poorly our elderly are treated by the government!
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And now with the closing down of the government who knows when these kinds of situations will be fixed.
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Talk to the business office at the nh. they will look at your moms records and give you a refund. This happened to my dad a few times and he always received a refund check either later that day or they will tell you the amount she is due to be refunded and you have the option of having it mailed to you. That was our experience and I hope yours gets corrected as easily as ours did.
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I don't think it's fraud, it just that it can take months for the system to redirect. Now did you or your mom do a request with SSA for the benefit to go to back to mom as the direct payee?

August was done automatically by SSA, September probably too. Since it's now Oct 3, 2013, what is the status on Oct SS payment?

It could be that SSA does not know where to redirect a direct deposit so it continues to go to the last place. So did you contact SSA to have mom's check sent to her checking account and do this as a documented request with mom's bank routing # and account # with SSA? For SSA, you have to be her "direct representative or representative payee ", SSA does NOT recognize a DPOA at all. If you don't have the paperwork to be a DR/RP for her and mom is not cognitive or competent to go to SSA and clearly state that to SSA, then I'd highly suggest that you try first to do anything SSA on-line and you do this as mom as per your DPOA.

Now if the $ isn't in her account, send a FAX to the NH or "organizational payee" and then also if this is a multi-facility NH to their home office. You can google all this. Ask them to snail mail mom the check. Clearly state you mom's date of discharge and the amount paid by SS to them & owed to mom by each month. If you send the letter, you should also include in the fax your DPOA paperwork. You can also send via the postoffice a certified letter with a return receipt (the green postcard) to both the NH and the corporate office - costs maybe $ 8.00. I would suggest you do both a fax & a certified RRR mailing.

Now depending on the NH admissions contract, mom may have to pay for the entire month's co-pay for the month she left and went home. So if she left July 20, then they still expect a full co-pay for every day of July. Medicaid rules allow one to move from 1 NH to another NH with no problems or contract issues. But if you move her from a NH and then home, that exclusion doesn't apply, it's up to the NH to either charge a co-pay to the date or to the EOM. Good luck.
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This can all be corrected and do not go to a lawyer as it will cost you. It was probably information the Nursing Home was not aware of and of course they will refund you the money if she is not there. As I remember, short term in a nursing home there is a copay of your income. They will not take all of it if yu need to pay for an apartment as they will deduct that. Just contact the business office and start from there. Good Luck.
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When my dad was in a NH they tried to get me to sign a direct deposit form so they could debit my dad's account for the monthly social security amount which would pay for him to be there while we were applying for Medicaid. I refused to sign it insisting that I would write them a check each month, which I did.

I agree with the above comment, at some point someone had to have signed a form giving the NH permission to debit the account. But this doesn't solve the problem of why they are still debiting the account when your mom isn't there anymore. If worst comes to worst you can close our her account, cut them off at the pass. But you would need to fill out forms directing social security to the new account. Anyway you slice it I think you have a headache on your hands. I'd start with the NH. If possible, go there in person. When my dad was in a NH I dealt with the bookkeeper when it came to money, maybe start there.

Good luck!
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Are you your moms POA (and if not, why not?) or is your mom competent to sign for herself? I believe one of you have to have signed a paper authorizing them to become her representative payee. I wouldn't go to a lawyer straight away as this is just going to cost you and your mom money. Don't assume fraud right out of the gate. Sometimes these over sites take a while to straighten out but they will and must be straightened out.

To protect your mom and yourself, get a POA if you don't already have one then write a letter to the facility detailing the events and the dates, what has happened, and what you need corrected. Give them a reasonable date upon which you expect a response or tell them you will have to contact Social Security in order to straighten it out.

This letter becomes documentation of the situation should you need to contact Social Security.
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What did the NCF say when you talked to them once you realized the SSI change of deposit? Did they say they are changing the deposit situation? Is a refund check expected?
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