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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 34884
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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When a recipient is overpaid benefits is the payee or the

Customer Question

When a recipient is overpaid benefits is the payee or the recipients responsible to pay it back, pan the payee is not their legal Guardian nor power of attorney.
Submitted: 7 months ago.
Category: Social Security
Expert:  LawTalk replied 7 months ago.

Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Under social security law, a representative payee is jointly liable along with the beneficiary (the person on whose behalf the payment is made) for any overpayments and the social security administration can collect the overpayment back from either the beneficiary or the representative payee.

The fact that the payee is not a legal guardian of the beneficiary and does not have a POA over the beneficiary does not matter. The representative payee is always liable for an overpayment.

Here is a link to a discussion of the joint liability of the Representative Payee in an overpayment situation:

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.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 7 months ago.

Good morning,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,


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