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I receive $888.00 per month SSI and I have a terminal

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illness. Recently during a redetermination...
I receive $888.00 per month SSI and I have a terminal illness. Recently during a redetermination interview the case worker explained that my SSI should not have been reduced to $500.00 per month. My wife being paid by (IHSS) In home social services, she informed me this income could not be counted. The problem is that it has been counted for the last three or four years. This has resulted in SSI deducting $88.00 per month for over payment. They admitted in 2015 they should not have deducted over $1700.00. Instead of returning it to me, they stated it was applied to my over payment. So for six months in 2015 they deducted over $300.00 from $888.00 per month, is this legal?
Submitted: 1 year ago.Category: Social Security
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Answered in 14 hours by:
3/26/2016
Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 1 year ago
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13,580
Experience: 22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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If it is a fact that you never received an overpayment of any kind, and that the SSA erred, they should not have deducted anything. As such, the SSA should owe back to your all moneys deducted so far and refrain from deducting in the future based on the mistake. They should pay you back what they deducted.

So, you likely need to APPEAL this if setting up a meeting with a manager to get the overpayment finding reversed and your owe back moneys returned.

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Social Security Expert: Stephanie O Joy, Esq, Soc. Sec. Attorney replied 1 year ago

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gottenanything less, please reply back, I amhappy to address follow-up questions.

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

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

Your online SS legal resource!

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Stephanie O Joy, Esq, Soc. Sec. Attorney
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