Jun
11
2012
By Guest (not verified)
My wife and I are now seperated, she was my payee for 15 years, 12 married. I was getting $904.00 a month. Then all of a sudden they sent a letter in the mail stating that I was paid too much, and that the Social Security did not know that we were married. So we had to go down to the office and agree for the Social Security to take half of what I was getting, and I started getting $483.00 a month, owing $6,000. Now we are seperated and not living together anymore. I now have my own bank account and now my name is on my own check. My question is will I get any back pay money now since we are seperated and her income is not counting against mine
Benefit payments after marital separation
It sounds like you receive SSI, as generally SSI payments vary depending on your marital status and living arrangement.
It also sounds like you (or your wife) have an overpayment (owe money to the SSA) of $6,000. In this case, I can not see how you would be due back pay as the Social Security office determined you owed a net amount to the Social Security Administration.
However, I agree with you that since you are no longer living with your wife her income should not be "deemed" to you (counted as yours), and this generally would increase the payment to you. Again, however, I would assume this is already factored into your $483 monthly payment when you went to the SSA and cleared up your living arrangement.
I would contact the SSA directly for your particular case. If you don't agree with the finding, you can appeal their decision. See here for the appeals process :
http://www.ssa.gov/pubs/10041.html