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I have a domestic partnership of opposite sex. We entered…

I have a domestic...

I have a domestic partnership of opposite sex. We entered into this partnership on 12/26/2012. We were both 59 years old. I needed to add her to my medical insurance plan through my employer. We were told by my employer that the partnership was required for it to go through. Everything was fine until early last summer, I went to the social security office to apply for social security disability. I was asked if I was married and I said no but I have a domestic partner of the opposite sex and let it go. My partner had a husband who passed away and when she turned 60 she received widows benefits and not social security is asking for 79,000+ pay back because they say we are married and we are not. I have read the requirements and it says one us must be 62 years of older and neither of us was over 62 when we received the partnership HELP!!!!

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

We just received the letter from Social Security in the mail this afternoon

Lawyer's Assistant: Family law varies by state. What state are you in?

We are in California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this time. We are located in Palm Desert, Ca.

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Answered in 2 minutes by:
3/20/2018
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 46,300
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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If you can’t afford to repay the overpayment, or you would like a change in the repayment rate (how much money is withheld from your SSDI or SSI check), you need to fill out form SSA-632-BK (Request for Waiver of Overpayment or Change in Repayment Rate). Social Security does not have a time limit for filing a request for a waiver. When you are filling out the form, you will be asked to prove that the overpayment was not your fault and that paying it back would be unfair or cause you financial difficulties. Social Security may ask for proof of your income and expenses.

What if I Don’t Agree with the Overpayment?

If you think that you were not actually overpaid, or that the overpayment amount is wrong, you need to fill out form SSA-561-U2 (Request for Reconsideration). You have to file this request for reconsideration within 60 days of receiving your original overpayment notice. If you miss the 60-day deadline, you must have a good reason and be able to explain it to Social Security.

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Customer reply replied 1 month ago
OK thank you very much for your time

If you do not agree that you have been overpaid, or if you believe the amount is incorrect, you can appeal by filing Form SSA-561, Request for Reconsideration. You should explain why you think you have not been overpaid or why you think the amount is not correct.

If you agree that you have been overpaid and are willing to pay it back, but cannot afford to pay it back at the rate we tell you about in our letter, you should file Form SSA-632, Request for Waiver of Overpayment Recovery Or Change In Repayment Rate

File the SSA -561 to argue about the issues first.If you loose then seek waiver SSA -632.

You want to file both of these and see how it goes.You appear to have good facts to dispute it and as last resort ask for waiver.

Prayers to you here, so sorry this happened.

If you can positive rate5 stars it is much appreciated.

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Thanks for the 5 stars at top of page.

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