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Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 11822
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
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SS has been taking $200.00 a month 't know how. I've been to

Customer Question

SS has been taking $200.00 a month for I don't know how long. I've been to the SS office here Omaha, NE but can't get any answers as to what the balance remaining is. The only thing they tell me is it won't be paid off until 2029(?). I will be 83 years of age. They won't let me talk to a supervisor. They tell me that the supervisor couldn't help me. I need help getting this settled. I've been told that my son, Phillip's SSD would be used to collect the rest. He has mental health issues & this send him into tail spin. I could use the $200.00 extra a month.
George
SS#**********
Email: [email protected]
Submitted: 11 months ago.
Category: Social Security
Expert:  Lane replied 11 months ago.

Hi,

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CAn you tell me more about what the $200 is going to pay back?

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Was this an overpayment?... a tax issue?

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They're being able to take a disability benefit is not necesaarily a given ... was this benefit for you son BECASUE of a disability, or was it an ancillary benefit on YOUR work record.

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let me know and we go from there

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lane

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I have a law degree, (Juris Doctorate), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in financial accounting & tax, a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, on three continents, since 1986

Customer: replied 11 months ago.
The $200.00 a month is for an overpayment. I don't have a signed form or any paper work from SS & they don't want to show me any proof of this action.
No, Phillip has a mental disability due to what ever went on prior to his adoption. As far as I know he makes less then $800.00(?).
Expert:  Lane replied 11 months ago.

Then they will have a very hard time capturing any overpayment on YOUR benefit from his benefit (based on his own disability).

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Now, in terms of YOUR overpayment:

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Social Security must tell you in writing that you have an overpayment. They do this by sending a letter with the name "Notice of Overpayment." Social Security must send you this letter before they can start taking money from your SSI check to pay Social Security back. This notice will have a date on it and should tell you many things:

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§ how much Social Security believes you have been overpaid,

§ how the overpayment happened,

§ why the overpayment happened,

§ how you can pay back the overpayment, and

§ your rights to appeal the overpayment and ask for a waiver of the overpayment.

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Here's an excellent overview of what you can do as it relates to your overpayment

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http://www.dlc-ma.org/resources/dbp/dbp20%20overpay%20booklet.html

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More to come...

Expert:  Lane replied 11 months ago.

Although, you only have 60 days from the date you received the original overpayment notice to file an appeal. We assume you got this letter five days after the date on it, unless you show us that you did not get it within the five-day period. You must have a good reason for waiting more than 60 days to ask for an appeal. ...

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...if you believe you should not have to pay the money back, you can request that we waive collection. You must submit form SSA-632, which you can get online or by calling us or visiting your local office. There is no time limit for filing a waiver.

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You will have to prove that

• The overpayment was not your fault; and

• Paying it back would cause you financial hardship or be unfair for some other reason.

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Here's the SSA 632: https://www.ssa.gov/forms/ssa-632.pdf (Request For Waiver Of Overpayment Recovery Or Change In Repayment Rate)

Expert:  Lane replied 11 months ago.

Although, you only have 60 days from the date you received the original overpayment notice to file an appeal. We assume you got this letter five days after the date on it, unless you show us that you did not get it within the five-day period. You must have a good reason for waiting more than 60 days to ask for an appeal. ...

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...if you believe you should not have to pay the money back, you can request that we waive collection. You must submit form SSA-632, which you can get online or by calling us or visiting your local office. There is no time limit for filing a waiver.

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You will have to prove that

• The overpayment was not your fault; and

• Paying it back would cause you financial hardship or be unfair for some other reason.

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Here's the SSA 632: https://www.ssa.gov/forms/ssa-632.pdf (Request For Waiver Of Overpayment Recovery Or Change In Repayment Rate)

Expert:  Lane replied 11 months ago.

Questions...

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Do you have the original "Notice of Overpayment" letter?

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Also, do you disagree that this was an overpayment that you caused>

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Finally, have your circumstances changed singe the repayment began>