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What are my rights if social security is requesting that I

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pay an overpayment? I was...
What are my rights if social security is requesting that I pay an overpayment? I was receiving child support when I was 16 & it stopped when I turned 18 years of age. It's been 8 years now & this is the first I have heard of it. They said It was due to me making too much income for my age (when I was 17). Can they make me pay this back or what can I do? I upset because this is over 8 years ago & I was a minor at the time. Isnt there a time-frame on these issues & since I was a minor, is it legal for them to make me pay?
Submitted: 9 years ago.Category: Legal
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1/2/2009
Lawyer: BizMatters-law, Attorney replied 9 years ago
BizMatters-law
BizMatters-law, Attorney
Category: Legal
Satisfied Customers: 1,132
Experience: JD
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Dear MDVA,

 

Thank you for your question.

 

I can help you with this, but I need more information. Exactly what kind of SS payment were you recieving.

 

SSI is Supplemental Security Income

 

SSD is Social Security disablity

 

SS is social security payments.

 

Since it is related to child support I suspect it is SSI, but i need to make sure.

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Customer reply replied 9 years ago
Well, my mother told me it was due to her low income at the time. So I guess SSI right?
Lawyer: BizMatters-law, Attorney replied 9 years ago

Dear MDVA,

 

Thank you for your feedback and information.

 

 

:SSI is a needs based social welfare program. The total income and assets of the family are used to determine the level of benefit. Later, if it is discovered that the family's assets would have reduced benefits, the Social Security Administration is allowed to seek reimbursement of the overpayment. However you can request a waiver of repayment and if you can show that the money was necessary for medical payments and education, you may have a stronger case.

 

Please see this link for detailed instructions on how to appeal and ask for a waiver: http://www.nls.org/ssassi/ssiover.htm

 

Generally you have only 60 days from the date of the notice to appeal and ask for a waiver, but do not self select out. Do file your appeals and request for waivers even if you have exceeded the 60 days.

 

You can also use your local yellow pages or the bar association referral service to find an attorney who specializes in SS and MC benefit issues.

 

http://www.vba.org/

 

http://www.vsb.org/

 

 

 

 

 

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Customer reply replied 9 years ago
Ok, thanks, XXXXX XXXXX've already found that information from re-searching the web myself. I guess what I need to know is, isn't there a time frame for SSA to try and get payment. I mean this happened almost a decade ago. Also, I was a minor at the time, so how can I be responsible when I was a minor? I had no control & had no involvement in what I received. So isnt there some type of right or law that would say its SSA fault & i'm not liable?
Lawyer: BizMatters-law, Attorney replied 9 years ago

Dear MD,

 

Thank you very much for your feed back. I am sorry, but I have no idea what you may have researched or what you may know already. At least I was able to provide you corroberation of the facts.

 

The time frame for the government to recover overpayments is 10 years, generally. BUT that only applies if they knew about the facts or could have reasonably known the facts.

This is the government verson of what is called discovery. The 10 year clock starts upon discovery.

 

Also the statutes of limitation do not apply for cases involving fraud or "acts of ommission" on the part of the beneficiary. So for example, if the income was withheld at the time or during the beneift period, then that would be a case of ommission. Then on audit, that becomes discovery.

 

There is no law that prohibits them from coming to you for the payments after you have become an adult. If they were to come to you while you were still a minor they would have also had to serve your parents.

 

The issue is based on your earnings at age 17. The issue is unrelated to being a minor but based on your earnings.

 

However the representative payee for the SSI should have been your parents, and they should have been responsible for telling the SSA about your overpayments.

 

According to the Health and HUman Services your parents as representative payees would have been liable for payment.

 

However, regardless of age, Social Security ruling number: 84-6C. states that both the beneficiary and the representative payee can be held liable.

 

find the case law representative of your situation at: http://www.povertylaw.org/poverty-law-library/case/51700/51784/51784a.pdf

 

Still again, if you can show that you, as a minor, you were not responsible for the overpayment, you need to do two things.

 

1. File for the waiver AND reconsideration on the Form SSA-561-U2

 

Be sure to indicate BOTH on the form.

 

 

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