I was helping my mom on her behalf by inquiring about some Social Security Administration payments and the SSA rep said I'd committed identity fraud.

So, to be clear, when they answered and asked for your SSN, name, date of birth, etc, you have your mother's information without saying that you were her child asking on her behalf?

If that is true, wow, don't do that again. Lying about your identity to the federal government in order to obtain information and/or money is a terrible idea. You actually were perpetrating a scam call against SSA by doing that. The representative is right to report you to the OIG, per SSA policy. Most likely, nothing would come of it, but if you receive any communication from them, you should lawyer up.

Anyone who is representing someone else in dealings with SSA should say something to the effect of "I'm so-and-so, and I am calling about Jane Smith's". If you have proper authorization to do that, the rep would verify your identifying information, and then have you verify your mother's information.

Generally, in order to manage someone's benefits on their behalf or receive information on them, you must apply with Social Security to be their Representative Payee. Depending on the situation, an Appointment of a Representative (SSA-1696) or Consent for Release of Information (SSA-3288) may be appropriate. It sounds like she had submitted the 1696, which is generally used to appoint a lawyer or professional advocate to handle a disability claim, for example. But without knowing exactly what you were trying to do on her behalf, and what she wrote on the form, I can't say whether it was sufficient.

Power of Attorney means nothing to the Social Security Administration, because it is not recognized by the Treasury Department when it comes to receiving or negotiating federal payments. POA does not necessarily create any type of fiduciary duty, and Social Security beneficiaries are mostly from groups vulnerable to exploitation (the elderly, people with disabilities, children, etc). POA just gives someone permission to manage a person's affairs, without automatically creating a legal responsibility to not screw them over. When someone applies to be the representative payee or agrees to become the appointed representative with SSA, they sign or attest that they will act in the beneficiary's best interest and agree to certain rules. These contracts then give the beneficiary and the Social Security Administration legal recourse (civil and criminal) if funds are misused or someone otherwise abuses their position.

It is nice that you were generally trying to help your mother, but there are plenty of people who don't have good intentions. Because of that, for better or worse, there are some pretty strict rules as to who can manage someone's affairs with SSA. I know that it can be frustrating to deal with the red tape in cases where it isn't needed to protect someone. But, fraudulently misrepresenting yourself to a federal agency is illegal for obvious reasons.

/r/legaladvice Thread