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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111450
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I reported an SSI lump sum payment 6 Months late. Because I

Customer Question

I reported an SSI lump sum payment 6 Months late. Because I am on medication that makes me forget. Will I be terminated for the late report?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 11 months ago.

Welcome and thank you for your question. Can you explain the situation a little? Which state are you residing in? Based on what you are telling me it does not sound as though this was a purposeful failure to report and hopefully that is the case. This link sets out the penalties https://www.socialsecurity.gov/OP_Home/handbook/handbook.21/handbook-2126.html. If you could provide a little more information that would be helpful.

Customer: replied 11 months ago.
Well I got a lump sum payment from SSI in or around March-April. I take tons of medication so somethings slip my mind. a couple days ago I remembered that I am supposed to report any change of income within ten days of said change. here it is 6Mos. late and I just remembered to reported the change. I honestly forgot to report the lump sum. however I did report that I am now receiving SSI/SS.
Customer: replied 11 months ago.
I am in Fresno CA.
Customer: replied 11 months ago.
I am talking about late a reporting of an income increase to the Fresno County Housing Authority.
Customer: replied 11 months ago.
I am on Section 8
Expert:  Attyadvisor replied 11 months ago.

If there was an overpayment as a result of you receiving a lump sum payment you would owe that money back. The sooner it is reported the better. The key is whether you failed to report with an intention to deceive and aggressive action could occur, however, this does not sound to be the case in your situation. You would owe any overpayment plus penalties as I provided above. I would we happy to put you in county with attorneys that provide free consultations in your area that can assist you in rectifying the situation. Would you like me to provide you with a link for free consultation attorneys? Showing that this was no intentional and that you will take every step necessary to rectify the situation should suffice.

Customer: replied 11 months ago.
Thank you. yes I would appciate any and all help in this matter. By The way the link in your first communication (https://www.socialsecurity.gov/OP_Home/handbook/handbook.21/handbook-2126.html.) is not a valid link.
Expert:  Attyadvisor replied 11 months ago.
  • I apologize we have had some issues with links so I will supply more. The best case scenario would be a letter from your physician setting out the fact that you are on medication that can impair your ability to handle your day to day affairs. The key is that you had no intention to mislead or defraud. To guarantee that the information is received it may be best to send a letter with your doctors letter via certified mail return receipt requested so that you can show that when you were able to work on your own affairs you did so and have proof that ssi received your status change information. I am not sure of the amount you received and this will require a spend down and a return of any overpayments. Dealing with government benefits can be very challenging so to make sure you are protected I am going to provide a link for legal aid, or Bono and free consultations attorneys in your area. Please give me a few moments. I will also send the original link that you were unable to open.
Expert:  Attyadvisor replied 11 months ago.

This is a link for Fresno County Attornets that provide free consultations. http://lawyers.findlaw.com/lawyer/firm/social-security-disability/fresno-county/california

Expert:  Attyadvisor replied 11 months ago.

This is another link for attorneys https://www.justia.com/lawyers/social-security-disability-ssi/california

Customer: replied 11 months ago.
I don't think you understand, I did not get an overpayment from SSI or social security the problem is I did not report the lump sum I received from Social Security to Fresno County Housing Authority. I was supposed to report the lump sum I received from SSI to Fresno County housing authority within 10 days. I needed to clarify that because I believe from the tone of your thread is that my issue is with SSI overpayment that's not the case it's a failure to report a lump sum payment to Housing Authority within the 10 day time frame. I'm basically wondering if there is a clause in the Fresno County Housing Authority rulebook that would allow for people who are taking medications or have Medical barriers. I also and documented as needing a live in aid. To help you with day to day chores and such.
Expert:  Attyadvisor replied 11 months ago.

No I understand you received the ssi lump sum but failed to report it due to medications you were taking. While you have the duty to report you stated you were under the influence of medication and failed to notify wothin the required period. Is that correct?

Customer: replied 11 months ago.
Your summation is only half correct. Actually I received the lump sum from SSI that I was supposed to report to the Fresno County housing authority, because I'm on the section 8 program, which is a separate entity. The information given by the link you suggested pertains to reporting to SSI. My particular case has to do with non reporting To the Housing Authority. Are you aware of any links that you could direct me to that give me information about California section 8 law. Or more specifically Fresno County section 8 law that covers medical excuses for not reporting. Or some other acceptable excuses for not reporting income changes in a timely manner.
Expert:  Attyadvisor replied 11 months ago.

Thank you so for much for the clarification. I am sorry I did not specifically address the housing authority. I was having some difficulty with the site on my end and I apologize for anything that cut off. I will be unavailable until later today so I will opt out for another attorney to assist you. I will also check your question when I am back on the site and if no one assisted you I will make sure you receive all of the information you are requesting. Thank you for your patience. Please do not respond or rate because that delay another attorney picking up the question. Thank you. I will check back with you later.

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as your other expert had to leave.
If you failed to report your lump sum payment, but it was a one time lump sum for back pay, it is not going to cause them to remove you from the property. It is cause to use that amount to recalculate your subsidy amount, but based on your medication, which you need to inform them about when you report the payment to them, they are not going to usually kick you out over this one time mistake in not reporting immediately.

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