in a mess

xxxhello me and my husband are in a mess ok here is the thing we recieved a letter yesterday of all days and it was from social sercuity stating that they are stopping his checks because they say that my husband has a arrest warrant for him in another state now my question is can they stop his checks even though the warrant is from a different state and can they take his check to give to the other state even if he is not working and that check is his only income

Social security is a nationally-administrated program. States' rights to sovereignty therefore do not apply since the Federal government makes a proactive effort to check criminal records from multiple states. The larger question, therefore, is a., whether the arrest warrant is valid; and b., if it is, why your husband has not yet done anything about it.

Brad

I have the same exact predicament. The answer is; Yes, they can stop his checks until the warrant is corrected/lifted and proof is submitted to SSA. I have the same exact predicament. A misdeameanor (district court) warrant [which I was unaware of] was recently issued for me, for a 7 year old problem, and now I've received a letter stating they'll stop my SSDI despite such warrant being from another state 1500 miles away and the warrant being issued nearly 7 years later. I've consulted an attorney and he stated that there is a temporary fix. Your husband has to find out if the state where the warrant was issued is not going to extradite him. If not; he can request the Soc. Sec. Adm. do not discontinue the checks until you fix the problem and they'll provide X amount of time to correct the problem/warrant (but you have to provide that assurance in the form of a letter from the state's court system). But this is only a temporary fix only. The warrant has to be corrected, otherwise the Soc. Sec. Adm's. next step would be to stop the checks and to request a "return of overpayment". You can contact the warrant issuing state's legal advocacy program (Bar Assoc. - if they have one), they might have better answers. I was not aware of my issue and it was 7 years on the making, now I have a warrant issued under my name, which will undoubtedly cause my checks to be discontinued if I don't correct the problem within 45 days. I'll have to neglect my health, to travel 1500 miles to fix a problem I didn't know about until recently (2 weeks ago). It's ridiculous that after paying Soc. Sec. Insurance or for retirement (20 years), the Gov. can threaten to take the only form of income one has, thereby potentially causing a worse situation. If you received a better solution, advice or answer than a sarcastic question as to why you didn't fix the problem (like the one asked by the JR. Law student), please advice.... Thanx & good luck....

GUS

Per your own admission, one must take care of the warrant directly! A state will always make an effort to contact you at your address of residence (whether it is in that state or in any other) to notify you if a warrant has been issued in your name. It is then your responsibility to take care of the warrant or risk losing some entitlements (including, but not limited to, social security, eligibility in certain federally-funded programs, and even voting).

Brad

(As for social security at large, the program is more a 20th century fluke than a functional government institution --- though divided about how to fix the problem, there isn't a politician in DC who denies that the current approach to social security is seriously flawed.)