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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19304
Experience:  B.A.; M.B.A.; J.D.
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I started getting Social Security in June 2006, went to prison

Customer Question

I started getting Social Security in June 2006, went to prison in June 2007 and was released in July 2012. I was unaware the SS did not stop when I went to prison and my minor daughter cashed the checks. When I went to local SS in 2012, I was informed I would have to pay back the funds which she kept. I asked if I could pay all the money I had gotten in 2006-2007 in addition to what my daughter kept. SS said they would get back to me but never did. I am told that I qualify for a "Do-Over" and have my SS recalculated based on getting SS in 2013 at age 71 but SS denied my request. What can I do?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
I do not remember the Password ***** gave you on my last visit and the temp has not shown up. If you have my email, why do I need a password ***** you?
Expert:  Phillips Esq. replied 1 year ago.
Hello: You do not pay back the amount you received before you went to the penitentiary. All you are required to pay back is the amount that you received (your daughter took) while you were in the penitentiary because you were not supposed to be paid while in the penitentiary. Unfortunately, there is no way around this. The overpayment needs to be paid back if Social Security Administration has denied your request for waiver. However, if you have not formally requested for a waiver, you need to do so. Click here for more information: Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.
Customer: replied 1 year ago.
Sorry you misunderstood my memo...I repaid the funds taken by my daughter and asked SS to let me pay back the rest in order to "Do-Over" my claim for SS at age 71...they never gave me an answer now they have denied the appeal.
Expert:  Phillips Esq. replied 1 year ago.
Thank you for the clarification. Regrettably, what you are trying to do cannot be legally accomplished. Social Security Administration cannot grant your request. You are not entitled to a "Do-Over." I am sorry that I do not have better news for you.
Customer: replied 1 year ago.
I do not accept your answer to my question. The law is a two way street. If the SSA is able to go back on me and collect for their mistaken distribution to my minor child, then why am I not able to make all the payments made to me in 2006-07 and get the do over which has expired now on April the Do-Over? I have asked the SSA for an appeal and I have repaid the funds which were distributed to my daughter.