Hello, I live in Kansas. I work with people with severe mental illness. ONe of the people I work with receives SSI (Social Security) and overdrew her account by 500 dollars. Well, today she was suppose to receive a deposit of 579 from SSI. However, her bank informed her that they closed her account and may be sending the check back. However, then they stated that they may re-open her account, take the 500 she owes and let her have 79 dollars to live off of from the month. Can they do this? And can they take most of her check since it is SSI , from Social Security? Is there any law I can go on to help her? There is no way she can live off of 79 dollars for a month. She made a major mistake and I have set up a means where this will not happen again (payee stuff), but I need to be able to get her through this month so she does not end up homeless!!! Please help if you can. Thanks, Marcy
I wish I knew the answer to this also. This has happened to me a few times because I forgot to enter some things, and I lost all my SSI check. They bank wouldn't give me back any of my money and told me I should pay better attention. That is so cold-hearted! They then tried to get me to apply for a credit card for overdraft protection that they were going to charge me 100 dollars to open. Rrrr. Does anyone know if they can legally keep the bank fees if you are on SSI or SSDI? -nerdyguru
Have you considered contacting the AG office in Kansas? They may be able to help or point you to an expert on the issue. OTH....it may be also be worth your time, after you've been briefed on her consumer rights in Kansas, to try the "personal approach" with the bank manager OR go to a local television consumer reporter regarding the entire issue. Your story has personal appeal which is something reporters love. In a competitive marketplace, the last thing any bank would want is to see themselves portrayed as "heartless" on the 10:00 p.m. news especially in regard to a mentally-disabled individual. If you can, telephone the consumer reporter directly because it'll have more impact than any email.
We did contact a manager in the bank and argued that since they closed the account the 27th, they had no right to keep the SSI check. The bank agreed and was fairly amicable about it. What they were trying to do was talk this lady into opening a savings account up so the bank could deposit the check and get the money they were due. I told them no, we would just contact SSI to get another check issued, which we were able to do that day. We set up payment arrangements of mailing the bank a very low amount of money each month, to keep the account from being turned over to a collection agency and to keep it from being reported to the credit bureau. However, it was reported to Chex Systems, the bank told me. Which might be a good thing for this lady, she probably can't handle a checking account at this time. The company I work for does payee stuff for people and we are setting it up where we are going to help her manage her money like we were the payee, but still leave her with a lot of independence. Just another day in my life at work. thanks for the advice!!!
First off, I want to inform you that banks are required to help you balance your check book. I would go into your bank at least weekly and have them help you sort out your checkbook. They are required to provide this service for free. Secondly, I would have someone help you call them to talk to them. For some reason, a second party can sometimes work something out better than the original person. I do not know if this is a psychological thing or if they just don't like witnesses. But give it a try. The person talking to them needs to sound very confident and informed about the law. When I call, I am very firm about what I am talking about and it gets their attention. Heck, I have even spoken with Social Security and helped a lady get a 20thousand dollar overpayment waived and another gentleman get a 2thousand dollar overpayment waived. So far, I am four for four with them. I hope some of this helps. Later, Marcy
