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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: Tax
Satisfied Customers: 577
Experience:  10 years experience
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I previously collected SSD & SSI. I received an SSI

Customer Question

I previously collected SSD & SSI. I received an SSI overpayment between 2011 - 2012. In 2012 they cancelled my SSI because I was working part time between 2007 - 2013. In 2014 they terminated my SSD because I started working full time. They failed to recoup the SSI overpayment from my SSD payments between 2012 - 2014. Now they are charging my overpayment against my mother's SSD. The SSA website states that if a SSI overpayment occurred, they could with hold your Federal Income Tax return or deduct the amount owed from future SSI or SSD payments. However when I asked the SSA representative about why they weren't doing this to me, but applying this overpayment to my mom. They said they have the right to collect from anyone. How do I pay them back so they don't penalize my mom?
JA: Because employment law varies from place to place, can you tell me what state this is in? When we are ready I'll take you to the appropriate web page.
Customer: Illinois
JA: Has anything been filed or reported?
Customer: The SSA representative told me to have my mom file an appeal. We haven't started yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's it.
Submitted: 11 days ago.
Category: Tax
Expert:  emc011075 replied 11 days ago.

Hi. My name is ***** ***** I will be happy to help you.

Social security will use ANY means available to them to recoup what hat owe them, including them, including your payments due to you and your federal and most likely state refund, and if you have been working for at least 12 month, your wages may be garnished as well.

Generally, social security can only recoup from you only, but if your mother was a legal guardian during that period and technically should have known about the rules, they can go after her social security as well. You can pay off the entire amount by sending a check to social security (or drop it off at your local o.ffice) or you can call social security to set up a payment plan or pay over the phone @ 1-***-***-****

Expert:  emc011075 replied 11 days ago.

I see you read my respond. Do you have any questions? Is there anything else I can help you with today?