SSI Disability Overpayment situation
This situation was recently posted by a visitor as a comment on another page.
"I saw no where else to post this. I am asking for any advice on my situation. I am being charged with appx 34,000 dollar overpayment by social security for getting SSI benefits when i wasn't entitled to them. From the time i was a young child to an adult my mother was my rep. payee. When I was 13, my grandfather passed away, thus leaving me with an inheritance i would be able to use when i reached 18. My mother was a guardian over this. My mother failed to report this to social security and continued to get my benefits each month. Our last interview when i was changed over to being in charge of my own benefits, SS found out and stopped my check. I was almost 19 at the time. My inheritance was spent on college or other misc stuff. Some money was used before i was able to touch it by my mother. The figures do not add up. After spending my inheritance and filing for social security on my own i was still being charged for the overpayment my mother is responsible for as i was a minor at the time the inheritance was given and most spent. i am now married and am not on social security due to too much income with my spouse and myself. i would like to get them off my tail. I have never filed an appeal or waiver as i did not know i was able to recently. What course of action would you recommend and do you feel i have a chance at winning. i understand that i will have to pay a small amount for being 18 and not reporting and am fine with this as it should be a much smaller amount. Thank you for the advice."
Sorry to hear about your situation. Unfortunately, many individuals who have had representative payees (parents and others) find themselves in your situation. In your case, your mother should have been held accountable for the overpayment on your record at least until you were age eighteen. Generally, Social Security charges the overpayment to the person who was entitled to the benefit even if they have or had a representative payee.
However, Social Security will possibly waive an overpayment against an individual if it is proven that there is no way the individual could have knowingly created the overpayment.
In your case, the overpayment was not your fault, because there was no way you could have known you were being overpaid as child. It was your mother's responsibility to report any changes to Social Security so that you would not be overpaid. If your waiver is granted, there is a chance that they will move the overpayment to your mother.
If you wish to pursue a waiver of the overpayment you will have to complete a request for waiver with your local Social Security office. Be prepared to show evidence of your income, resources, and expenses when you apply for your waiver. If Social Security determines that you are not at fault for creating the overpayment on your record, they will evaluate whether or not you have the means to repay the overpayment.
In order to receive a waiver of your overpayment you must be able to show that you were not at fault (did not create the overpayment) and that you are unable to repay overpayment without undue hardship. This means that you may have to repay the overpayment even if you were not at fault, if you have the financial means to do so.
Without knowing your financial situation, I could not say if you will have to pay the money back. Although, you will lose nothing by filing the waiver and may even gain a waiver of the overpayment. I would suggest that you contact your local Social Security office as soon as possible to file for your waiver.
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