Friday, August 07, 2009

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.

Return to the Social Security Disability SSI Benefits Blog

Other Posts

Social Security Disability List of Impairments
Ulcerative Colitis Social Security Disability SSI - Applying for Disability
Being Prepared for a Social Security Disability Hearing
Social Security Disability Appeal Deadlines
How Does Social Security Decide Your Disability Claim ?
Migraines Social Security Disability SSI - Applying for Disability
Are you automatically denied for Social Security Disability
Considering applying for Social Security Disability
Who is eligible for Social Security Disability or SSI Disability?

Labels: ,


Blogger Giftbearer said...

This is not about overpayment, but I wanted to ask you this question someplace recent where you would see it (and it looks like you haven't written about this scenario yet).

My situation is this; one disabling condition has improved while it has been replaced with another just as disabling. The State Dept. of Labor (now in charge of Social Security Disability Adjudication in my state) has been reviewing my Disability for close to a year. Wach time I fill out papers and send them back they wait awhile and then come up with yet another hoop for me to jump through.

It appears that my case for continuing on Disability is pretty strong so they keep looking for something else, and then something else that they can use to cut off my income.

By the way; I'm not sure when the Dept. of Labor was assigned to do Disability Adjudication. In all my previous reviews this was done at the Federal level; not at the State level and only required one set of forms to fill out and was taken care of within about 30 days.

I get the impression the Dept. of Labor knows nothing about SSDI regulations and how to apply that policy. Needless to say this is scary and it's as if I'm applying all over again from scratch.

I feel like maybe I should get an attorney but don't know how that would be handled fee-wise since I won't be getting backpay, as all I'm doing is trying to retain my current status.

There may be others in my same situation who can benefit from this information, so I hope you'll write an article on this topic.


8:37 PM  
Blogger fishbowl said...

I worked while receiving benefits. I was careful not to go over the GPA for the year. Yet they are reviewing me and they say I have used 5 months of my trial period. After that I wold go enter into Extended Period of Eligibility. This is back in 2005 and 2006. It is now 2009. SS office said after that...any month I made over the GPA I would not get a check. I have gone over the GPA perhaps 20 bucks. since this happened in 2005 and 2007 what will happen? Will I have to repay them for a whole month even if I just made as little as 20 bucks. I did not work at all in 2008. What will happen? Will I stop receiving checks for the total of months i went over GPA even if it was a long time ago..or will I have to repay it all?

9:15 PM  
Blogger Disability Blogger said...

Fishbowl, I posted a response here:
Social Security Disability SSI, Work, and the Unsuccessful Work Attempt

12:12 AM  
Blogger Disability Blogger said...

Hi Giftbearer, I posted a response here: Review of a Social Security Disability Claim

7:14 PM  

Post a Comment

<< Home