is it legal for a business owner to employ someone receiving social security benefits, but write her paychecks to someone else as to not interfere with her government benefits?

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is it legal for a business owner to employ someone receiving social security benefits, but write her paychecks to someone else as to not interfere with her government benefits?

The lady is on benefits for very good reason, her health is very poor, but this business owner continues to employ her which i understand is her choice, but I’m not quite sure its legal to write someones paycheck out to someone else to make sure it doesn’t interfere with benefits.

Asked on July 16, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, it is NOT legal. Someone can only get SSI if they *can't* work--by definition, if they are working, they *can* work and are therefore not eligible for SSI. This lady is committing fraud; and the business, by writing the check out to another person, is aiding and abetting her in committing fraud on the government and could face civil or even criminal liability.


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