Monday, December 28, 2009

Social Security Disability Overpayment Notice

Comments from Jonathan:

"Hello, can you please tell me what happens if you receive an overpayment notice from when you were a child? My fiance received an overpayment notice of $20,000 from back when she was a child (her mother was pulling benefits and made too much), and as a result has been paying back $10 a month as she awaits her hearing with her administrative law judge. She has her hearing on February and she is getting a bit nervous because she was a child and was not at fault, and $20,000 is a lot of money (it's over $500 per month if repaid within the 36 month time frame that they prefer!). Please help."


The answer to this question is fairly simple. Your fiance should go to her local Social Security office and file a waiver based upon the fact that this overpayment was created by her mother when she was a child. I am guessing that her mother was also her representative payee during that time.

In the end, her mother is responsible for all overpayments on her record including her child's or children's overpayment. Even if her mother was not her representative payee, your fiance had nothing to do with creating the overpayment nor did she control any of the spending of the benefit.

So I would say it is for your fiance to file her own waiver, so that Social Security will attach the overpayment to the person responsible for creating the overpayment in the first place.

Return to the Social Security Disability SSI Benefits Blog

Other Posts

How to get Approved for Disability Benefits - Information on disability claims
Get a Good Disability Attorney or Disability Representative
The disability determination process is typically slow
Can you qualify for social security disability with fibromyalgia?



Blogger Maggie said...

Thank You for your help! I have an administrative law hearing about this next month and was wondering if you know what to expect during this hearing? What should I bring? Do I need to get an attorney (I cannot find one that will not represent me without a $5,000 retainer)?

Maggie, Jonathan's fiance.

6:06 PM  
Blogger Disability Blogger said...

Hi Maggie, I responded to your questions on this page: Do I need a Lawyer for My Disability Hearing?

4:34 AM  

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