In Kentucky, Marshall County Man Sentenced for Theft of Social Security Benefit
Representative payee for funds of minor converted to personal use
PADUCAH, KY - Rodger Dale Higgins, age 39, of Benton, Kentucky, in Marshall County, was sentenced to 2 years probation, including 6 months of home detention as a special condition, in United States District Court, Paducah, Kentucky, for the conversion of social security benefits of another to Higgins’ personal use, U.S. Attorney David L. Huber of the Western District of Kentucky announced today. Hon. Thomas B. Russell, Judge, United States District Court, also ordered restitution in the amount of $17,587.00 be paid by Higgins.
Higgnis had plead guilty to taking social security benefits that were to be used for a minor, and converting those to his personal benefit. In July 1995, Higgins applied for Social Security benefits on behalf of a minor for whom he had custody, and, at his request, was selected as the representative payee of the benefits for the minor. Applicable regulations, policies, and procedures of the Social Security Administration provide for the selection of a representative payee when it is necessary for benefit payments to be handled on behalf of a beneficiary if the beneficiary is a minor. The application for Social Security benefits that Higgins signed provided that, as representative payee, he would notify the Social Security Administration if he no longer had responsibility for the care and welfare of the child for whom he was applying, and if the child for whom he was filing left his care or custody, or changed address.
In October 2003, the minor left the custody of Higgins and moved out of Kentucky, to be in the care and custody of a family member. In November 2003, Higgins entered into an Agreement with the family member that she would assume the legal and physical guardianship of the minor beneficiary.
From October 2003 until February 2006, Higgins failed to notify the Social Security Administration of the change of address and custody of the minor, knowing that he had the legal duty to notify the Social Security Administration about those changes. During that same time period, Higgins, as representative payee, continued to receive the monthly Social Security benefits for the minor, and converted and used those benefits for his personal benefit, rather than for the use and benefit of the minor, knowing that he had the legal duty to use such benefits for the minor.
