hi everyone/anyone,
My brother in-law is disabled and collects social security. He works part time and lives with my mother in-law which is well on the older side. I got a call from her saying she received a letter from social security stating that there was an overpayment of $45,000 over the past 5 years because he worked too much but still part time. The letter is requesting a lump sum payment by Dec. 3rd. Also, all benefits were stopped so now they have no money coming in. She doesn’t have this kind of money nor do I to help her. My brother has a mind of a 9 year old and my mother is not as down to earth as she used to be. She can’t get answers from SS or isn’t asking the right ones. So my question is: what can I do to help her? I know nothing about the system and don’t even know where to start to help her.
Appealing an overpayment notice
Sounds like you have received an "overpayment" notice.
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://ssa.gov/pubs/10098.html#rights
http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1655
Thank you for the info. Yes,
Thank you for the info. Yes, its an overpayment notice. What do I do about the payment being due in 3 days? I can help her through the appeal process. Rather she agrees or not with the overpayment, SS, I'm sure follows guidelines and she is wrong and not SS. Is this a losing battle? Last question, do I have any rights to represent her and could they come after my assets in any way?
Handling an overpayment notice
We are not experts in this area, so you are strongly advised to seek advice from other sources. Contacting Social Security directly for advice is certainly an option.
The following statement is from the SSA document on overpayments :
http://ssa.gov/pubs/10098.html#rights
Here is information about representing someone before the Social Security Administration :
http://www.ssa.gov/representation/
thank you
thank you for the links and thank you for the help again!
Your Overpayment Notice
Dear Sir,
If your mother is the payee for your brother she can file a 632 "Request for Waiver" not a 561- a 561 is for a "Reconsideration". If your brother is his own payee, your mother (and you for that matter in both cases) can assist him in completing the form, and depending on which program he receives benefits under, provide the documentation that will be needed i.e copies of his bills, and claims representatives will investigate the overpayment at issue. Many factors go into the causes of an overpayment and many times the overpayment can be waived. If he is found to be at fault, he can set up a payment plan for as low as $50.00 per month depending on his monthly benefits. So don't dispair. Go to your local office and ask to speak to a Service Representative- she will get you started on the process- go right away because the minute you turn in the completed 632 all collections will stop until a decision is made. Sincerely, A Service Rep SSA