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Respected Contributor
Posts: 3,256
Registered: ‎05-21-2010

Re: Social Security Headache

@Imaoldhippie    She doesn't need a lawyer to appeal an overpayment. She said that she was hit with an astronomical overpayment because her son started a job. It sounds like these earnings were not reported to SSA and it created an overpayment. SSA will recoup this overpayment from the son's check. I would bet that a lawyer will cost more than the overpayment.  People hire lawyers when they have been denied benefits not to handle an overpayment . 

For the record I have never had a problem in any of my interactions  with the Social Security Administration. I have found them to be efficient and professional. They have a job to do  and there are rules that  have to be followed. 

Honored Contributor
Posts: 10,363
Registered: ‎06-10-2015

Re: Social Security Headache

@50Mickey ............How lucky you are to have not had any problems with SSI.  I have known many people that have applied for SSI and it was a nightmare and all ended up hiring an attorney.

BE THE PERSON YOUR DOG THINKS YOU ARE! (unknown)
Respected Contributor
Posts: 3,256
Registered: ‎05-21-2010

Re: Social Security Headache

@Imaoldhippie    She is not applying for SSI. She is talking about an overpayment that they are going to recoup. Hiring a lawyer for this would cost more than just paying the money back that her son owes. If he received SSI benefits that he was not entitled to receive because his wages were not reported to SSA,  I don't think a lawyer would be able to stop SSA from recouping this money.  

 

I have never applied for SSI. But I went with my sister to apply for SSA disability. She had a terminal illness and she worked way past when she should have retired. But unlike a lot of folks she felt retiring and receiving disability was giving up. She also had every document that she was told to bring and statements from her physicians and all paperwork completed.   The SSA representative who took her application was very efficient and knowledgeable. She was also very kind to us. Her application was approved in less than two months. The sad part is that she did not live long enough to receive Medicare. 

 

As has been stated before SSI and SSA are 2 different programs. SSI is a means tested program because it is funded by tax payers. Many years ago it was referred to as welfare. There are  regulations that the SSA representatives have to follow before a person is approved. And once approved recipients are responsible for  reporting all changes especially income.  To go a tirade like the OP did in her first post because her son's wages cause an overpayment shows that she is blaming SSA for something that either she or her son caused. 

 

 

Esteemed Contributor
Posts: 5,063
Registered: ‎10-19-2012

Re: Social Security Headache

I have always thought that if a person is getting SSA they could not work because if a person is working they are not disabled.  Have the rules changed?

Respected Contributor
Posts: 3,256
Registered: ‎05-21-2010

Re: Social Security Headache

There certain rules that allow one to work. And there are limits to what you can earn. This employment must be reported to SSA. SSA will always let you know about these rules if you ask.  SSI has it's own set of rules and income limits. It's confusing but it's safer to report employment and earnings and let SSA figure out how much you can earn. Not reporting is when you get into problems with over payments.  

Esteemed Contributor
Posts: 6,022
Registered: ‎07-10-2011

Re: Social Security Headache

[ Edited ]

@50Mickey  I'm surprised that the OP didn't know that her son's earnings would be reported.

 

Some say to appeal, appeal what? He would still lose. Hire a lawyer? I think the lawyer would not take the case. What bothers me is that the mom is upset even though the overpayment would be taken from his monthly check. It would not he fair for him to keep both. By now she should know that if she is still reading her Thread.

Esteemed Contributor
Posts: 6,022
Registered: ‎07-10-2011

Re: Social Security Headache

[ Edited ]

@turtle52 wrote:

Sage04, SSI is a needs program and you are only allowed to have a certain amount of money in the bank. If she was over the limit then she isn't entitled to SSI until she goes under the resource limit again. She should contact SSA for more information. 

 


@turtle52the mother of the child and I grew up together. She worked for the SSA for 26 years until she passed away from pancreatic cancer June of last year.

 

She only applied for SSI for her daughter about 6 months before she was diagnose with pancreatic cancer although  she has had a disability for many years. The dad was upset because the daughter was asked to repay the amount. I told him to leave it alone and not to waste his time filling an appeal because his daughter has enough money to last her the rest of her life.

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Honored Contributor
Posts: 16,744
Registered: ‎03-09-2010

Re: Social Security Headache

The original post says a whole lot of nothing, if he was working while on SS, they have to get their money back either in payment or a lump sum, you can no double dip its as simple as that

Stop being afraid of what could go wrong and start being positive what could go right.
Honored Contributor
Posts: 16,744
Registered: ‎03-09-2010

Re: Social Security Headache

@katie1859  If he works and was paid over the SSI limit you have to pay it back no questions asked, its double dipping.

 


@katie1859 wrote:
I apologize, I should have been specific.
I've navigated the process since my son was a child.
I'm not sharing fir people to comment, I needed a perspective from other experiences.
For the first time my son can and has held a job. He doesn't earn a great deal, but enough to perform as a "normal" person with living costs.
They hit me out of left field with a astronomical overpayment and it's been a nightmare. Not so much financially but they have blamed me. I am not paid, don't seek earnings, I simply care for my son and all his re quirements. I was posting if possibly anyone has had the same issue.

 

Stop being afraid of what could go wrong and start being positive what could go right.