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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 35309
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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Can social security file a large $8K claim from when you were

Customer Question

Can social security file a large $8K claim from when you were a minor (per their statement) and never received the funds. Can they force you to pay something they can show no paperwork to prove? Local office only shows amounts, no explanation. Dispute/Reconsideration letter sent via certified mail, no response, they lost it (9 months ago). No call backs from two supervisors to assist in the "next step". Several letters sent just requesting the information of the over payment showing the amounts and years, no response.
Submitted: 1 year ago.
Category: Social Security
Customer: replied 1 year ago.
timeline-2010 over payments charged ($8K), 28 years old (1 over payment was submitted in 2011 via in person by Disabled person (legally blind since birth) and that amount has been paid)
2011-office visit-relocation-stated over payment was from a file when person was a minor
2013-Request for Reconsideration and to waive was submitted regular mail- no record of them receiving it.
10/14-Request for Reconsideration was submitted via certified mail, no response, now we find they have no record. We have green slip showing signature. Letter of explanation was submitted why the delay to dispute occurred (person is legally blind and had no help)
in 2015 two other letters were mailed acknowledging the original letter sent in October with copies (Reconsideration was not sent as it was misplaced), simply requesting information regarding the over payment to understand what is to be paid back.
Currently-within the last two weeks messages have been left with two supervisors with no call back.
Our goal is to pay what is owed, not to dispute anything that is true but to know what it is that is being paid back and to know that it is true charges.
This person will not be eligible in a few months for SSI due to employment opportunity that is not secure yet, just trying to see if we are wasting our time or if this information should be submitted to us before re-paying back charges from when this person was a minor and never received the funds himself.
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of the situation. My goal is to provide you with excellent service today.
While social security can always make an overpayment claim, even if the benefit was paid to a parent because the disabled person was a minor at the time, there are ways to deal with the claim for overpayment beyond asking for reconsideration.
Under the present circumstances, the person with the overpayment claim against them will need to file for a "waiver" of the overpayment based on the fact that they were unaware that they were ineligible and that they are financially hurting, and paying it back would result in an extreme financial hardship on them, possibly resulting in your need to go on public assistance.
You can file for a waiver (it's a form SSA-632) and here is the link to the form:
http://www.ssa.gov/online/ssa-632.html
They will want to indicate that the overpayment was in no way their fault, that the over payment was not made against their social security account, but that of a parent with whom they have no contact, and that they cannot afford to repay the money social security is asking for.
Alternatively, they may argue need. Recovery of an overpayment will defeat the purpose of Title II of the Social Security Act if recovery would deprive the beneficiary of income required for ordinary and necessary living expenses. POMS GN 02250.100; 20 C.F.R. § 404.508. Such ordinary living expenses can include: food, clothing, rent/mortgage, utilities, insurance premiums, taxes, medical expenses, and other miscellaneous expenses. Proof that recovery would deprive the person of such income can be shown on SSA's Request for Waiver form.
Just fill out the questions as they appear on the form. Then drop it off, or mail it to your local social security office.
Even if they don't approve your waiver, at least they will stop collection efforts until they decide on your waiver. If they deny your request for a waiver, you may appeal their decision two times. If the waiver is denied the first time, I would urge you to retain a local Social Security attorney to represent you on the appeals---to give you a better chance at persuading them to grant the waiver.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Please remember to rate my service to you when our communication is completed.
I wish you and yours the best in 2015,
Doug

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