- What is an underpayment?
- Is a written request required for an unpaid benefit to be paid to a living person?
- Unpaid Amounts Owed to a Deceased Person
- Legal Representatives
- What is an overpayment?
- Written Notice of Overpayments
- Liability for Repayments
- How are overpayments recovered?
- Refunds of Overpayments
- Adjustment of Benefits to Recover Overpayments
- Rate of Withholding
- Compromise Settlement of an Overpayment
- Recovery by Civil Suit
- Recovery Efforts
- Relief from Making Repayment (Waiver)
- When is an individual "without fault" in receiving an overpayment?
- What factors does SSA consider in deciding whether a person is without fault?
- When is an individual "at fault" in receiving an overpayment?
- Defeat the Purpose as a Factor in Waiver
- What is the definition of "against equity and good conscience"?
- What is the definition of "impede effective or efficient administration" of the SSI program?
- Waiver of Recovery from Estate of Deceased Person
- If SSA changes its position on a prior decision, can recovery of overpayments be attempted?
- If the Department of Defense reports a service member's death on active duty but the report is later found to be incorrect, what is the effect on benefits paid?
There are 13 Comments
underpayment ssi for minor son, overpayment for me?
my son has been disabled since birth. i was disabled since 2002.
i was divorced in 2001. so we were getting alimony and childsupport. i got my ssi in 2004. my alimony was up this may 2009.
i call to see what my ssi and sons ssi would go up to i was informed ON the phone son had a underpayment of $5,919.00. great BUT i had a overpayment of $4,990.00. SSi blamed childsupport/trustee i went there spent hours while the trustee figured out everything. amounts did not add up. SSI estimated on there part. Should NEVER have been a mistake. i dont work. only support from ex. I NEVER HAVE got ANYPAPER work from Social Secuity showing me why. just that a fed worker i have to ask her to use any of the money in my minor sons saving account and SHE will ok or deny it. He gets his reg monthly check(which went up sence i no longer get alimony). i get a check that went up but they aree taking 10% out every month for what she for ever.
She will not send any papers. i hired my own lawyer to help me.
but why do i have to ask her perrmission to use sons money for the things he wants or needs? i have never misused any money.
please help if you can
thank you
Money for benefit of son
Sorry, I don't think we can help with this. As far as your son, it sounds like he may have a representative payee who will "ok or deny" requests from you to use the funds for his benefit.
Per Social Security, the Administration will generally look to family or friends to serve as a representative payee, so it's a bit irregular if you, the mother, is not the representative payee.
Here are some links that may be of use:
http://www.ssa.gov/payee/faqrep.htm
http://www.ssa.gov/payee/faqbene.htm
http://www.ssa.gov/oig/hotline/repayee.htm
HOW CAN SSI KEEP UNDERPAYMENTS OF THE DECEASED?
My father died recently he has an underpayment of 11,000, but SSI will not pay because his surviving children are over 18; my mom died in 1991. Who do they took care of him the 24 months of back pay that they owed him? He had no income and could not work, therefore us children took care of his needs. Can you please tell me if SSI can keep an underpayment benefit and not issue it?
Underpayments due a decedent
I've seen evidence indicating that underpayments can be paid to children upon the death of the original intended recipient.
From http://www.ssa.gov/oig/ADOBEPDF/audittxt/A-09-07-17119.htm :
Death underpayments occur when beneficiaries die before they receive all benefits due them or before they endorse a benefit check payable before the month of death. Death underpayments are payable to relatives or the legal representatives of the estates of deceased beneficiaries under the following order of priority established by the Social Security Act.
1. A spouse who was living with the beneficiary at the time of death or a spouse entitled on the same earnings record at the time of death.
2. A child entitled on the same earnings record.
3. A parent entitled on the same earnings record of the deceased person.
4. A spouse not entitled on the same earnings record.
5. A child not entitled on the same earnings record.
6. A parent not entitled on the same earnings record.
7. A legal representative of the estate.
See also http://www.ssa.gov/OP_Home/rulings/oasi/31/SSR70-03-oasi-31.html
overpayments to minor?
I was finishing HS when I was 18 so some checks came directly into my name. The amount was small so the amount in over payments means I was a minor when it all started. Why do I have to pay it back when I was a child at the time and clearly had no idea what was going on? mind you we are talking 8 years ago and the SS office just notified me that I owe them money this year (2010)
Appealing overpayment findings
You may wish to appeal this finding of overpayment.
If you do not agree that you have been overpaid, or if you believe the amount is incorrect, you can appeal by filing form SSA-561. You can get the form online or by calling us or visiting your local office. Your appeal must be in writing.
http://www.ssa.gov/pubs/10098.html#rights
Here is form SSA-561 : http://www.ssa.gov/online/ssa-561.pdf
underpayment delayed
hi we recieve a letter dec, 09 from ssi saying we need to send back info for my deceased mom. the letter claim that there looking for survivors of hers to make payments, we sent back letters they requested and no response and it is now june,2010 wow!!!!!!!,
i just got in touch with them and supposly a letter in the mail claims
form for an underpayment. my mom been deceased since 1980
what is the delay?????????????????
Contacting SSA regarding overpayment
I think your only option is to contact SSA directly for this.
A page on the SSA's web site instructs folks with overpayments to call Social Security at 1-800-772-1213.
http://www.ssa.gov/pubs/10098.html#contacting
i recieved the same letter in
i recieved the same letter in the mail around november of 09 and their just getting back to me now in august of 2010. i had to mail back a paper t oclaim benefits on behalf of deceased and they still told me its going t obe months before i even recieve a check.
not enough money from retiretment
social security is sending me a check for $ 578.00 with a hold amount of $ 105.00 for medicare, this money is not enough to survive, can any body tell me what to do in this case, i do not have money even to pay rent, less food and clothing, i will apreciate any help
Have you applied for SSI?
SSI, or Supplemental Security Income, is a federal program that provides monthly payments to people who do not have much income or own many things. SSI is for elderly people (age 65 and older), as well as blind or disabled people of any age, including children.
You may be able to get SSI if your resources (the things you own) are worth no more than $2,000 for a person or $3,000 for a couple. They do not count everything you own when they decide if you can get SSI. For example, they do not count your home, and they usually do not count your car.
underpayment ???????
Hello, I have been trying to get my underpayment since 5/08 when I dicovered the underpayment. SS did not stop taking my workers comp offset out. It was all paid in the retroactive pay back to 1995. I just added all the benefits I should receive all the social secuyity that they took out starting in 1995. It comes up to approx. $218,000. So I have been trying to get the these funds paid and no one seems to be smart enough to figure it. They will not take a meeting me so I can show exactly what is owed to me. My local office is very poor on a matter like this. Who do I turn to so I can help with this.???????
By the way insteaad of giving me my underpayment SS said I owe them $21,600 which is bogus. please send help.
Thanx
Underpayment with workers' compensation offset
This is probably a fairly complex issue. Workers' comp offsets appear to vary from state to state, so it's hard to generalize.
If the underpayment involved is $218,000, you may be able to use a lawyer on a contingency (no up-front money) basis.
The following is a report which appears to be relevant and may be informative :
http://www.ssa.gov/oig/ADOBEPDF/A-04-03-13042.pdf