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I received a letter from Social Security telling me they are…

Customer Question
I received a letter...

I received a letter from Social Security telling me they are deducting my overpayment fees which I have been paying off in an agreed upon instllemnt- $75 a month from my widow's benefit. This seems wrong. I see these as two different things- how can they just take away from my widow benefit?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New York

Lawyer's Assistant: What steps have you taken so far?

None., I just received the letter. I was entitled to $5900 retroactive widow benefits and they are sending me only $1900, absorbing teh difference as the balance on an overpayment they had an arrangement with me for the last several years.

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

No that's the question

Submitted: 4 months ago.Category: Legal
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Customer reply replied 4 months ago
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Answered in 20 minutes by:
3/27/2018
Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 126,809
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, if there was an overpayment, SSA has a right to collect the reimbursement from any benefit you are receiving, as this is a government debt. You do have a right to file for a hardship waiver through the SSA, because the director of the Social Security Administration has a right to waive any further repayment of the overpayment for good cause. That means if you can prove financial hardship, the SSA can cease collecting for the overpayment.

Other than getting them to waive reimbursement, I am afraid that they can collect from any of your benefits legally.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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