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dylatess
dylatess, ATTORNEY
Category: Social Security
Satisfied Customers: 3441
Experience:  37 plus years of SSD practice
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I mistakenly agreed to accepting retroactive SS. I have

Customer Question

I mistakenly agreed to accepting retroactive SS. I have applied to return $ and start SS later. I cannot reach anyone who knows where my application is -applied 10/15. I do not want to have this money on my 2015 tax. what can I do?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Good morning,

OK, here is what I would do: Immediately, I would overnight a letter to SSA explaining that you wish to cancel your application effective immediately, as you understand that same may be done without implicating the one time withdrawal right, BECAUSE no award has been issued yet. You can also bring it in person (bring a spare copy so you can get it stamped "received" by the SSA. This would be ideal, because while a withdrawal will also work (and you have 12 months for that), that is a one time opportunity so why use it now if you don't have to.

You COULD try to send back the money, yes. Note, however, that if they take too long to process that, it may still pop into your 1099 for 2015. That said, speak to your accountant who does your taxes. If it DOES pop onto a 1099, in which case it is counted as income, you may be able to write off the EXPENSE of sending the money back, particularly if that check clears. That way any tax implications are limited. And I would expect that you WANT that check to clear to the SSA before 12/31/2015. BUT, do speak with your accountant or tax preparer about that option.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

I hope this helps! My goal is toprovide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, Iam happy to address follow-up questions.

Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, shouldyou have legal questions. Be sure tostart future posts with "To ***** Esq., ONLY" ifyou want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

Customer: replied 1 year ago.
You gave incorrect advice. I talked with SS and they will not accept my money until they give me a letter asking for it. Unhelpful, And, as I said, I had already asked for withdrawal of my application. I would like my money back.
Customer: replied 1 year ago.
You gave incorrect advice. I talked with SS and they will not accept my money until they give me a letter asking for it. Unhelpful, And, as I said, I had already asked for withdrawal of my application. I would like my money back.
Expert:  Stephanie O Joy, Esq replied 1 year ago.

First, SSA OFTEN cashes checks when received, so perhaps you, my friend, have been ill-advised. What happens, actually, is they take the SSA does often take the check, which IS the money and ask questions later, more often than not. Second, you are forgetting that when you SEND the check, you are sending your letter requesting a CANCELLATION of your benefits. What this does, is create PROOF, regardless of whether the SSA cashes the check or not. Remember, I am a lawyer, my everyday job is to ensure best proofs for later issues, so my clients prevail. It is all about proofs. Lastly, what you are further misunderstanding is that when you SEND your letter and check, you are creating an evidentiary paper trail that generally suffices to PROVE what you requested so that the SSA will later hold that date as a protective filing of that request. Your clerk you spoke with at SSA, is unaware of what the creation of evidentiary proofs which is normal, since she is neither an SSA expert or lawyer, but a clerk collecting paperwork and moving it on and upward. (Creating evidentiary proofs: similar to what certified mailing provides for, which so many people FAIL to do because they erroneously thing, why send certified? I KNOW I sent it... Uh, the reason is because it does NOT matter what YOU know, it is what you can PROVE later when your reequest back fires in your fact. But I see you "know" what you "know, so will leave you with that. And for your edification, I charged you NOTHING and have certainly not been paid for churning time with you here, away from helping others. Good luck and Merry Christmas, I do wish you the best.

Sincerely,

Stephanie Joy