Stewart v. United States

ORDER

KOZINSKI, Chief Judge.

This case presents the question of whether, upon the death of the payee of a social *475security benefit check that was improperly paid on a forged indorsement, the payee’s estate may maintain an action under the Check Forgery Insurance Fund Act (CFI-FA), 31 U.S.C.A. § 3343 (West 1983).

FACTS

In 1978 a check for $12,693.46, representing accrued disability insurance benefits under Title II of the Social Security Act, was issued to Joseph Stewart. The check never reached Mr. Stewart because it was negotiated by someone else under a forged in-dorsement. Mr. Stewart appears…