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Andy4712
Andy4712, Tax Attorney
Category: Social Security
Satisfied Customers: 540
Experience:  Attorney working in social security.
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My mother received a letter from SSI saying they overpaid her

Customer Question

My mother received a letter from SSI saying they overpaid her since March, 2014. The overpayment was because of her life insurance with cash surrender value of $6096.70. Is this something we can appeal for reconsideration? I need your help. Thank you.
Submitted: 7 months ago.
Category: Social Security
Expert:  emc011075 replied 7 months ago.
Hi. My name is ***** ***** I will be happy to help you. Insurance payouts is considered income. It is not a earned income but it is still reportable income for SSI purposes.SSI is need based benefits so pretty much all household income is considered income.
Customer: replied 7 months ago.
What can we do to resolve the problem?
Customer: replied 7 months ago.
Can we cash out the money and get her benefit back?
Customer: replied 7 months ago.
I am waiting for your answer.
Expert:  emc011075 replied 7 months ago.
What are you saying? She didn't cash it out? When she got the life insurance? You will not fix the problem by cashing it out, she will not her benefits back. You can appeal it but you would need to explain why do you think social security is incorrect. You will need a better argument than just you didn't know about it. Overpayments are usually hard to appeal.
Customer: replied 7 months ago.
So what can we do and how can we get her benefit back?
Expert:  emc011075 replied 7 months ago.
I am assuming that social security is holding her benefits because of the over payment. Once the overpayement is satisfied she will get her benefits back. If you disagree, your only option is to appeal.
Expert:  emc011075 replied 7 months ago.
I will opt out and give another expert a chance to respond. Maybe somebody else will have different suggestion.
Customer: replied 7 months ago.
The amount of overpayment is deducted every month since 3/2014. The face value of the ins is only $6097.60. Can they use as an overpayment every mo
Expert:  Andy4712 replied 7 months ago.
You can request a waiver or reconsideration:https://www.ssa.gov/forms/ssa-632.htmlI hope this answers your question.
Expert:  Andy4712 replied 7 months ago.
Here is some more info:http://socialsecurityinsider.com/2008/06/27/overpayments-what-you-need-to-prove-to-win/