B-140429, SEP. 9, 1959

B-140429, SEP. 9, 1959

TO MRS. OLIVIA GEIGER:

ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO BALTZ AND GUYMON, ATTORNEYS FOR THE EXECUTORS OF THE ESTATE OF YOUR LATE HUSBAND.

WE HAVE BEEN ADVISED BY THE SOCIAL SECURITY ADMINISTRATION OF THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE THAT THE SUM OF $1,405.90, REPRESENTING THE PROCEEDS OF 17 BENEFIT CHECKS UNCASHED BY YOUR HUSBAND AT THE TIME OF HIS DEATH, WAS PAID TO YOU, AS SURVIVING WIDOW, IN ADDITION TO LUMP-SUM BENEFITS TO WHICH YOU WERE ENTITLED PURSUANT TO THE PROVISIONS OF 42 U.S.C. 402 (I). THE ADDITIONAL PAYMENT WAS MADE IN RELIANCE ON THE AUTHORITY PROVIDED IN 42 U.S.C. 404 (A), QUOTED IN THE ENCLOSED LETTER. HOWEVER, AS SET FORTH IN OUR LETTER TO BALTZ AND GUYMON, THE COURTS, IN EWING V. GARDNER, 185 F.2D 781 AND BEERS V. FEDERAL SECURITY ADMINISTRATOR, 172 F.2D 34, HAVE DETERMINED THAT THE PROCEEDS OF SOCIAL SECURITY BENEFIT CHECKS UNNEGOTIATED AT TIME OF A BENEFICIARY'S DEATH, RIGHTFULLY BELONG IN THE ESTATE OF THE DECEDENT AND MAY NOT BE CONSIDERED FOR ADJUSTMENT UNDER 42 U.S.C. 404 (A) RELATING TO ERRORS IN PAYMENTS.

THEREFORE, WE MUST ADVISE THAT THE PAYMENT OF $1,405.90 BY THE SOCIAL SECURITY ADMINISTRATION TO YOU RATHER THAN TO THE ESTATE OF YOUR HUSBAND WAS IN ERROR AND THAT YOU MUST BE HELD INDEBTED TO THE UNITED STATES IN THAT SUM. AS FURTHER SET FORTH IN THE ENCLOSED LETTER, WE PROPOSE THAT YOU DISCHARGE YOUR DEBT BY PAYING THE SUM OF $1,405.90 TO HAROLD BALTZ AND THE FIRST NATIONAL BANK OF BELLEVILLE AS CO-EXECUTORS OF THE ESTATE OF MARTIN GEIGER, DECEASED, OR BY ACCEDING TO AN APPROPRIATE ADJUSTMENT IN THE ASSETS OF THE ESTATE AND YOUR SHARE THEREOF.

PLEASE ADVISE US PROMPTLY TO YOUR ACCORD WITH EITHER OF THE PROPOSED PROCEDURES FOR SETTLING YOUR ACCOUNT. WE SHOULD POINT OUT THAT IF THIS IS NOT SATISFACTORY TO YOU, IT WILL BE NECESSARY THAT YOU REIMBURSE THE GOVERNMENT DIRECTLY IN THE AMOUNT OF THE OVERPAYMENT.