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14,000 dollars in overpayment on a dependents check in lieu…

Customer Question
14,000 dollars in overpayment...

14,000 dollars in overpayment on a dependents check in lieu of child support his father lost his benefits for some reason we didn't get a notice or anything just lost support after that we was hit with the overpayment how can a 3rd party be at fault when it's not only the ssa but court ordered and amount determined by the state or ssa whoever determines the amount it was in the divorce agreement that the child's check would go to the mother as a form of child support because the spouse was getting both checks and not providing any support we filled out all the paperwork for the appeal but was denied we barely get by and my wife just went down to part time and a 3rd child has arrived I am her new husband don't know if I can afford a lawyer let alone 14k payments or not any information we be awesome

Submitted: 6 months ago.Category: Social Security
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Customer reply replied 6 months ago
This is a ssi disability check
Answered in 1 hour by:
12/22/2017
Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 6 months ago
Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 14,656
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
Verified

Hi. My Lane’s Lane …

I hold a law degree (J.D.), with concentration in Tax Law, Estate law & Corporate law, an MBA in finance, a BBA, and CFP & CRPS (Chartered Retirement Plans Specialist) designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice to clients on three continents since 1986.

If you’ll please bear with me for a minute I’ll type up my initial response, and then we can go from there if you have further questions on this.

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Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 6 months ago

This was simply an SSDI overpayment? Can you give me the reason they gave on the letter?

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Customer reply replied 6 months ago
I'm not sure he was getting his check for a back problem and had a review or something and told them that it was depression now and he got denied we never new about it didn't even get a notice that we was gonna lose the boys check it just stopped coming and we had to call the office to see what the deal was
Customer reply replied 6 months ago
This is the information I got from my wife's ex husbands mother that he was up for a review or something I talked to him about it and he said he told them he was depressed I guess the initial file for it was a back problem he's really not in the family picture we never got any kind of notification that it was stopping or a letter or anything it just stopped we had to call to find out we got a hold of him and he said he lost it cause he changed the reason for disability
Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 6 months ago

Ok...then yes, they've denied it based on the back issue no longer being there. Social Security only pays childrens benefits when parent is determined to e disabled and not able to work. can certainly appeal this. he'll need to show that the depression is preventing him from working ... so a different claim.

...

He'll need to show, by taking this form to his Doctor and having the Dr complete the form, that the depression keeps him from performing at a level that would allow him to work.

...

I'll attach the form here ... Next, lets talk about what can be done in the meantime. There's ANOTHER form that can be used to request a waiver of the repayment based on the financial hardship it causes.

...

Let me get that for you.

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Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 6 months ago

If you agree that you have been overpaid, but you feel you should not have to pay it back because you did not cause the overpayment and you cannot afford to repay it, you should file Form SSA-632, Request for Waiver of Overpayment Recovery Or Change In Repayment Rate.

We will stop recovering the overpayment until we make a decision on your request.

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Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 6 months ago

Buit the more quickly he can show that the disability still exists Or that the new disability is of a nature that keeps him from working, then they will pay amounts retroactively back to the date of the claim. The BEST way to do this is to go into the local office with the form and doctors records..

...

By calling 1-***-***-****, you can set up an appointment to talk to the right person about this. Have everything done before you go t the appointment.

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Customer reply replied 6 months ago
We done the waiver form had to send in a stack of our expenditures earnings and debt all that pay stubs we got denied and a date set to meet with someone in town to talk
Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 6 months ago

There are four levels of appeal:

  • Request for Reconsideration. To get your appeal started, in most states, you first request that the initial denial (or the termination of benefits after a continuing disability review) be reviewed again. ...
  • Administrative Law Judge (ALJ) Hearing. ...
  • Appeals Council. ...
  • Federal Court Review.

...

Here's the request for reconsideration form: https://www.ssa.gov/forms/ssa-561.pdf

....

Bear with me and I'll get the form for the next level of appeal. I't important that you do this within the timeframes they give, or it will simply kick out. ... You've done a very good thing by getting the appointment set (stops the clock)

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Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 6 months ago

Here's the form for the ALJ hearing: https://www.ssa.gov/forms/ha-501.pdf

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Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 6 months ago

And here's the form for an appeals council review:https://www.ssa.gov/forms/ha-520.pdf

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Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 6 months ago

Based on his inability to work, I wish you good luck. And it sounds like you, with the new child, loss of other funds, and his inability to work, have an excellent chance at getting something worked out on the repayment. Let me know how else I can help.

...

If this has helped, and you DON’T have other questions … I'd appreciate a positive rating, using the stars on your screen, and then clicking “submit" (you may have to scroll up to see the stars, OR look to one side or the other if you’re on a device, such as a phone or tablet) – That’s the only way I’ll be credited for the work.

...

Thank you!

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Customer reply replied 6 months ago
Should we try to find a lawyer before we go to this meeting ?
Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 6 months ago

Yes. The good thing about Disability attorneys is they work on contingency. If they win for you they'll be paid from the retroactive lump sum check that, if you win, goes back to the date of the claim.

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Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 6 months ago

Give me your closest city and state and I can get you a listing

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Customer reply replied 6 months ago
Ashland ky
Social Security Expert: Lane, JD,CFP, MBA, CRPS replied 6 months ago
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Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 14,656
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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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