Social Security Insider - Latest Comments in Winning a Social Security overpayment case

Re: Winning a Social Security overpayment case

Harp Lewis — Wed, 08 Aug 2018 11:48:34 -0000

My
wife and I have been raising our Granddaughter since our daughter
passed away 7 years ago on the 11th of this month. We receive a
survivors benefit to help with raising her. Our problem is our
son-in-law collected survivor benefits from social security which
they overpaid him. Now Social Security is coming after a minor our
Granddaughter to pay back his $5290.00 mistake ( which he is aware of
). SS. claim they cannot get any monies back from him. They are
going to take it from a minor child who had nothing to do with a
decision an adult made. We have appealed and now received a notice
that our 14 year old granddaughter will not receive any of her
benefits until this over payment is settled

Who
or how can we call for help.

Thank
fed up Grand parents

Re: Winning a Social Security overpayment case

mar6724 — Thu, 02 Aug 2018 19:01:10 -0000

I received notification of an over payment and I do not owe the money. SSA has the incorrect spouse's SS number associated with the over payment. There was no way to know I was in over payment because they changed the amounts due each month. It is impossible to determined if what you receive each is entitled to me or not. I don't write the checks and if not entitled how is a person to know? I drew my benefits on my record and was informed I could draw a portion of spouse's SSA. neither one of us receive SSI benefits. Due to cancer I cease working at 59.5 years and lost 35% of benefits and lost the same amount of spouse's benefits. How can you owe what you don't about? One thing I do know SSA has never paid me over 43,000 dollars. They has never paid me that amount money from 2011 through

Re: Winning a Social Security overpayment case

Raymond Sims — Wed, 04 Jul 2018 08:52:20 -0000

First thing I learned with SS is 1. SS donesnt makes mistakes, 2. When SS makes a mistake, see number 1. Have also learned "affermitve action" doesn't work. I have learned most making disision on your case are incompetent. With that, our next step is a meeting with their "judge". They tried to with hold papers, we demanded and they complied. First meeting, I was told that my and my child's overpayment was together. After talking to a lawyer, he told us they would get their money, so pay something to not get penalties. Then they out of the blue, broke it apart after we started paying 100.00/ mo. It turns out my child is paying the 100.00 and mine is on hold.
If they want the money, I'm making them earn it. Perhaps when we reach a court that isn't SSI court we may have a chance.
Good day

Re: Winning a Social Security overpayment case

jilly J — Mon, 22 Jan 2018 15:07:36 -0000

Does anyone know if you have a BETTER chance of winning w/o an attorney or with one? I know all the facts and have backup documentation to prove my case, but I wonder if a lawyer could do a more thorough job of presenting and anticipating the Judge's questions. However, what if the judge deems me able to pay bc I can afford to have a lawyer? Or, if the judge doesn't like my lawyer for whatever reason?

Any insights welcome!

Thanks!

Re: Winning a Social Security overpayment case

Jean Skilling — Thu, 29 Jun 2017 01:32:25 -0000

Their doing that to us too. We were saving money to pay our house taxes. They put money on a card so my assets and some left in an account to pay our monthly utility bills put us over the $3000 we're allowed. If we don't have some in our account it causes the payments to bounce

Re: Winning a Social Security overpayment case

Richn — Mon, 05 Jun 2017 19:52:34 -0000

What ???? SSDI is not for being laid off it's if your injured and cannot work. People like you make it tough for people who are really sick or injured to get SSDI. Hope you end up paying it all back and then some for trying to game the system.

Re: Winning a Social Security overpayment case

Truetomylove4 — Mon, 08 May 2017 22:20:01 -0000

If you are smart there are more than one way to fuck a skunk.

Re: Winning a Social Security overpayment case

Nina — Sat, 22 Apr 2017 01:14:25 -0000

Hi all, I just wanted to come back to this sight and share with everyone that I won my social security over payment case! It was a long journey totaling over 4 years but it saved me from paying a lot of money back. Before going into further details, I just wanted to say it was truly God's grace and his mercy that I was able to walk away from this, so I hope I can encourage some of you out there. I am sharing my own experience only, so hopefully, I can shed some light as to whether or not you can win your case. My story aligns with everyone else's where I was receiving benefits, then when my status changed, I notified social security of the change. Nothing came of it, so I also went directly to the social security office and notified them of change. Nothing came of that either so I continued to receive benefits assuming that I was still entitled since I did not hear from social security. Two years later, they tell me that I have been overpaid and I owe them. I went back and forth with the local social security office through phone and in person, doing everything that they requested of me, and they still denied my claim. They told me that the local social security offices are limited to what they can do, however, a judge would have more power or leeway to waive it. So I proceeded with scheduling court date with the judge. After meeting with the judge he made a decision in my favor and waived the entire amount. All this took 4 years. I want make a point that I was able to win my case because I had proof and documentation that I notified social security. If I did not have the proof, then I don't think I would have won my case. If you continue to receive social security benefits knowing that you are not suppose to and try to hide it or ignore it, then you will most likely have to repay. However, if you attempted and notified them and have the proof and documentation that you did call them, speak to them, or send them such information, then the odds are more in your favor. Words without any proof will not help you. Documentation is everything. Hope this helps!

Re: Winning a Social Security overpayment case

Patricia LaBar — Tue, 18 Apr 2017 13:23:44 -0000

I was notified of a $71,000 overpayment saying I worked in 1993. I had a Spinal Cord Injury in 1992 and Brain Closed Head Injury. They also found I had MS. I was hospitalized over 1992 and 1993. The listed a company I worked for in 1993 I live in Texas the company is a Alabama company. I do not know if you remember but computers and cell phones were not personal in homes yet. I contacted the company and the wrote a letter saying I have not now or ever worked for them including my social security number name and DOB. The hearing judge refused to accept it even though it was accepted at a local level and the person in my local office called and they said they have never heard of me. So my $430.00 benefits continued. I lived in the projects. Then in 2003 they send a notice, to the wrong address and told told me they were re-evaluating. I had no idea since all 4 notices were sent to wrong address. It was a place my mother used to live 15 years ago and the people called me that they were going to accept and bring to me and I said NO DO NOT SIGN MY SIGNATURE. They did but then handed it back and refused it. The SS office shows they got them back and said I had "GOOD CAUSE" for reopening because they saw the address problem. I won and my benefits started again. Then I moved to Dallas for 1 year. They re-evaluated my case and said I DID NOT WIN. Of course they sent my hearing notice to wrong address. I kept the copy of my change of address clearly stating my address. The transposed tow numbers. The judge said "Of course it is all our fault" I was really thinking are you a real judge? I tried to hand him the originals of the Greenville TX office hearing and also the sheet from Social Security saying it was sent to wrong address. He would not take them. Then I asked for continuance because he said they needed to be exhibits. Granted. Then they sent the paperwork to, you guessed it, wrong address. But the first hearing I received the notice to the right address. I called them and then said oops and sent it to me at the right address. I did not know that there were two offices that one is your local and one is the ALJ and you have to make sure both have your address correct. How are we supposed to know this especially when one time they send to right and next they send to former?

Re: Winning a Social Security overpayment case

Tami Boyd — Tue, 14 Mar 2017 17:35:54 -0000

My mom got a letter of over payment. For her first year of retirement, she retired in July that year, the special rule applied (as per Social Security). She was very careful to not make over the 1300 allowed per month starting in July. The letter states that she made too much for the year, but she fell under the special rule, so the yearly should not apply. So the whole thing is a mistake in my opinion, but now they are telling her she has to have a letter from her employer stating how much she made. Shouldn't they have that info already?

Re: Winning a Social Security overpayment case

Mtyducks — Wed, 01 Mar 2017 17:51:26 -0000

Lots of similar stories here. I was paid and I knew or didn't know it was wrong and they would not respond and fix it and now I am being destroyed by this financially. It just happened to my mother who asked the people at SSI 3 different times are you sure this back pay large payment is the right amount? 3 weeks later oops we made a mistake and we need it all back says Social Security. By then plenty was spent to payoff everything in life that adds up on you with a fixed income. Now they are taking all of her benefits. She is going to be homeless in 3 weeks and penniless for the rest of her life after her and my father worked for a total of 65 years paying into this system. What a great system. They screw up, you try to make sure they got it right, after all you have no way of knowing if they calc'd everything correctly, and then they ruin your life. Thanks for all of your hard work we got your money and you will never get another dime if it. How can this be accidental when they were just exposed for the massive errors a couple of years ago? This site alone has over 2 years worth of stories attached.

There should be some reasonable solution if an SSI error!

Re: Winning a Social Security overpayment case

Ro — Mon, 30 Jan 2017 01:14:45 -0000

My problem involves SSI. And three Savings Bonds that belong to my daughter but have my name included as co-owner since she was a minor when they were given as gifts to her. I have reported them lost to the US Treasury- I have not even seen the Bonds in around 20 years! I have no access to them. Still, they continue to mature. In about 3 1/2 years it will be 30 years since they were purchased and they will no longer gain in value. Right now, they total a little over $1300.
I also have a vehicle (other than the one I inherited from my mother this past year - exempt) valued at $500. I just sold it two days ago - and spent the money to rid myself of this asset - because SS told me I had exceeded $2000 in assets. And now they tell me I am cut off and must repay over $12,000.
But not once have I ever reached $2000 in assets, let alone exceeded it. They are taking my bank account information on the first of each month at midnight I was told - before I have paid any bills! So they are including the $733 they are direct depositing into my account as assets!
Now I am losing everything, including my house. I'm cut off of my medication, EVERYTHING.
I only learned of this less than a month ago and have filed a Formal Reconsideration but have yet to hear back. If I lose my house (currently appraised at $102,482) will they reimburse THAT if I win my appeal? I doubt it. And I will be homeless. I have no family still living, I have no where to go.

Re: Winning a Social Security overpayment case

Alex Thorn — Sun, 22 Jan 2017 22:16:39 -0000

Exactly What i'm going through now and Exact same situation

Re: Winning a Social Security overpayment case

Michelle — Fri, 06 Jan 2017 21:26:06 -0000

I am in the exact scenario. My ex husband was receiving social security benefits. I could not get child support because he was "disabled" a few days ago I got the same dreaded letter stating that he is not disabled and I am reponsible for the overpayment. I don't understand how it is my fault that he scammed the government. So essentially I have to pay back the little child support I received.

Re: Winning a Social Security overpayment case

Ken Presley — Sat, 17 Dec 2016 10:11:36 -0000

Tomasz, great article, and confirms everything else that I have read since my mom rec'd a $56,032 over payment letter last week. It's based upon a government pension option (GPO) going back approximately 10 years. Is there a limitation on the time that SSA is allowed to ask for back payments, I have heard from one source that it is 3 years, 3 months and 15 days. However, all i find online is that time frame is geared toward correcting an earnings record. Can you confirm with a statute number, website, or or did I receive wrong information initially. Thanks for your help

Re: Winning a Social Security overpayment case

Mon, 12 Dec 2016 22:48:08 -0000

I have received ss benefits for the last 6 years for my children. Their father was declared disabled. Earlier this year, ss said he was no longer disabled and that the benefits would be ending in 3 months. On the 3rd month, ss called me to tell me that he was appealing their decision. I was told I could still receive benefits during his appeal. Five months later, benefits stop. No notice to me. I find out when I didn't receive my deposit. Now I get a letter saying I was overpaid and I have to pay this miney back. The state that I live in recognizes the benefits as child support. Should I really have to pay back my child support? This was not my fault.

Re: Winning a Social Security overpayment case

Erica — Thu, 06 Oct 2016 13:10:38 -0000

That sucks. My Dad used to file for me (my young adult years were bumpy). I had no idea how any of this even worked. I never saw the checks. I wasn't the one who applied. However, the Social Security Administration is now crying 'overpayment' and who gets hit with the $5,000 bill? Me. How is that fair??? Shouldn't they be sending letters to my Dad?

Re: Winning a Social Security overpayment case

Erica — Thu, 06 Oct 2016 13:05:58 -0000

Seriously! It took me years before they would let me 'unenroll' from being on SSDI even though I called every office I could find a number to actually pleading that I was well and WANTED TO WORK for my money again. I had some representatives ask my why I wanted to work when I could just collect and have everything paved for me! Now, yeeeears after I was finally taken off their roster and have been living a happy, healthy life, they send me a bill for $5,000?! They say they made overpayments to me! What is going on here?!

Re: Winning a Social Security overpayment case

Randall Walker — Mon, 13 Jun 2016 13:49:46 -0000

Yeah same here! Social Security made a mistake!!

Re: Winning a Social Security overpayment case

Randall Walker — Wed, 08 Jun 2016 07:37:30 -0000

I was apply for ssdi because I got lay off from work few time. So still look for a job and got a job. I called Social Security stop pay me. They say no still keep pay ssdi till 9 month. I say ok hung up. When I fill w-2 tax. Ssdi order me pay back. I told them go look my history record that I told them. They say not need history record in file. Because my file record got zero nothing. They want me pay back. Oh some rumor about waiver so I fill out for waiver. So never did!! I guess that they give ssi or Ssdi people who had a drugs. I have been work for 28 years so now I found out about Social Security have no history and lies. I was told other people about Social Security really fuck up. They got shock and give drugs. Ummm!!

Re: Winning a Social Security overpayment case

Kelly — Mon, 06 Jun 2016 19:47:12 -0000

I am beyond stressed out and overwhelmed because I just received a over paid letter saying that I owe money back to them, not knowing I was being over paid to begin with.My checks were being direct deposited into my checking account so I assumed I was still eligible for my monthly benefits. It's pretty frustrating when calling them for answers and every time you call you speak to someone else having to explain your situation over and over again. I got SSDI in 2005 thinking it was for my congenital heart defect and being blind in my right eye caused from 2 tumors as a young child. ( Born with ) and did the ticket to work thingy, everything was fine up until recently the end of last year when I got a letters stating I would be losing my benefits, made several calls to find out what I had to do, did every thing I was told to do, thinking things would work out on my behalf. Well, of course not, I got slammed with a over paid letter and have until 6-12-16 to send in my waiver paperwork, I had appeal my case a few times and it's been nothing but hell for me. I notified a SSI lawyer and they told me they couldn't help me with my case because they only help people to get on SSI or SSDI. I can't work a full time job due to my health, but my heart doctor had sent in letters stating that part time job would be good not only for my physical health, but for my mental health also. SSI is also stating that I started receiving SSDI due to a panic disorder and had me see another dr and denied my case stating my health has improved. ???? Beyond lost, confuse and stressed the hell out. Can someone please help me

Re: Winning a Social Security overpayment case

Nichole — Tue, 24 May 2016 23:23:51 -0000

I know I was being paid by them when I shouldn't have been. I went into the office in multiple cities over a year, telling them I was pretty sure I wasn't suppose to be getting paid anymore. EVery single person I talked to said they can't do anything about it b/c it's not THEM who goes over the cases and stops payments. I even told them to put a stop on putting the money in my freaking bank account... which of course, they also had zero power to enforce. So, I say, this super outdated statement in all this SSA stuff I've been reading that if we know we're being overpaid, then we can send the check back... I say, WHAT CHECK? I had zero power to stop them from depositing the money into my bank account for an entire year and a half. I know SSA wants to cover their uneducated, sleazy tracks and not claim responsibility for this overpayment, and I call BS. THEY should be held liable for overpayments like this. They should be doing their jobs in a more timely manner and not taking over a freaking year to realize they shouldn't be paying someone. Most of us getting SSDI and/or SSI, are getting it b/c we don't work much, if at all, and we clearly need the money. Then to have them send out notices to fund back their incompetence, is frustrating as hell.

Re: Winning a Social Security overpayment case

Ashley wells — Sun, 06 Mar 2016 18:31:44 -0000

Thanks I just email him I pray he's able to help me

Re: Winning a Social Security overpayment case

Ashley wells — Sun, 06 Mar 2016 17:29:26 -0000

Wow do you live in Chicago

Re: Winning a Social Security overpayment case

Marinella — Sun, 06 Mar 2016 17:19:30 -0000

This exact thing happened to me. They took my tax return 2 days before my waiver was approved. Then they told me they don't refund money. I went rounds and rounds with them for a year. I contacted my state congressmen. I told my story and had my money back within 6 weeks. If I were you I would send a letter to your congressman and explain your situation.