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  1. #1
    Join Date
    Sep 2011
    Posts
    5

    Default Gambling Winnings and SSI

    I have been on SSI for 20 years. A few years ago some freinds took me to the local casino. They gave me $20 to gamble I won about $3000. I filled out the government notification form before they gave me the money. I spent the money in about 3 days. Then I get a letter from my caseworker says I owe SSI all the money. My freind was a federal judge says they can only cut off the month that I got the money. A couple years later I have had 2 more caseworkers. The new one says that I have to notify her by phone within ten days or I owe all the money. They say my representative payee also owes the money even though he was not there and didnt know about it. Every time I go to SSI for a meeting my payee comes and also my freind that used to be a judge. None of the caseworkers before said anything about this ten day rule, call or you owe it all. So at the last meeting I asked for a hearing in front of a judge and the caseworker says if I do she will tell the judge I was gambling with my check which is not true. I do not have acess. I also asked her since I have a payee how can they expect me to remember about anything and besides I have to fill out the govt notification form before I get the money. My question is can they change the rules like this? This is confusing for me and my payee and my freind says they cant do it that way. They take $60 a month out of my check.

  2. #2
    Join Date
    Sep 2010
    Posts
    9,270

    Default Re: Gambling Winnings and SSI

    Much as you think you had "found money," gambling winnings are INCOME the month you earned it. Yes you most certainly did owe a certain amount of that immediately and then for subsequent months depending on the exact amounts of your benefits.

    It matters not to the judge if it was gambling or not. As long as it isn't one of the protected sources of income (which this is NOT), it's all the same. It matters not if you were given the money to gamble or you used your benefit check to gamble.

    There's no rules that have changed and if you didn't know you were supposed to report income to the SSI when you are receiving benefits you're extremely deluded.

  3. #3
    Join Date
    Jan 2009
    Location
    California
    Posts
    686

    Default Re: Gambling Winnings and SSI

    A report is considered timely if you do it within the first 10 days of the month after the event occurred. But that doesn't really have anything to do with whether or not you are overpaid for the month you got the winnings.

    Next time you get winnings, figure out how much you got on SSI that month, set it aside, decide what you are going to do with the rest (gamble it some more or make a purchase) and report it to SSI. You then have enough money to pay the overpayment for the month of receipt and you made a timely report.

  4. #4
    Join Date
    Jan 2009
    Location
    California
    Posts
    686

    Default Re: Gambling Winnings and SSI

    And any appeal has to be filed within 60 days of the date of notice. You can't just go talk to a judge because you want to. There has to be a letter with details that you disagree with that are material to payment. And a judge can't change the rules either. Congress does.

  5. #5
    Join Date
    Sep 2011
    Posts
    5

    Default Re: Gambling Winnings and SSI

    Deluded? Name calling is of no help. The question was wether or not calling on the phone is necessary when the govt form is mailed from casino within 3 days. Also, the caseworker says if notified by phone within ten days I can spend the whole three thousand and only get docked for that months check($660)
    So your answer is off track and your very rude. Try focusing on the question before showing off to your up and coming republican freinds how to be mean and supportive to the government. Thank you, and consider another line of work.

  6. #6
    Join Date
    Sep 2011
    Posts
    5

    Default Re: Gambling Winnings and SSI

    The rule I was referring to is the ten day rule that they just recently came up with. and I have a freind who is a federal judge and yes I can go talk to him whenever I want to. So are you saying congress recently decided we have to phone the caseworker within ten days? Is this the same congress that has not agreed on anything all year? And Im quite sure that during a meeting with my caseworker I can request a hearing and I can request anything I want. What country are you living in? Just another up and coming republican are you. this whole site is beginning to stink

  7. #7
    Join Date
    Sep 2011
    Posts
    5

    Default Re: Gambling Winnings and SSI

    I only went to the casino that one time. The question was why I have to call the caseworker within ten days after filling out the govt notification form that the caseworker gets within ten days. As for setting the money aside, I have a representative payee because I cannot handle my own finances, so advice on handling my finances is worthless. Also none of the three replies answers the question of why my payee is liable for the $3000 when he was not there and had no knowledge. Thanks a lot guys, nobody answered the questions and two of you are using the site to be rude.

  8. #8
    Join Date
    Jan 2009
    Location
    California
    Posts
    686

    Default Re: Gambling Winnings and SSI

    https://secure.ssa.gov/apps10/poms.nsf/lnx/0502301005

    Reference about reporting responsibilities. This transmittal is dated in 2007 but the law was part of the original Title XVI legislation passed probably sometime in 1972 or 1973. Like I said, a report is considered timely if it is done 10 days after the end of the month in which the change occurred. If you don't report timely, you can be penalized for late reporting. Either it was misrepresented to you or you misunderstood.

    And the SSI legislation began under President Nixon, a very strong Republican BTW. Before Nixon, there was no SSI.

    Both payees and legally competent adults are required to report.

    Payees can be held liable for overpayments to the extent that they fail in their duties. But if you don't tell your payee the things he/she needs to do his/her job properly, then you are doing a disservice to someone who has volunteered to assist you. This payee may decide you are not worth the trouble.

    Your overpayment would probably only be the amount of SSI in month in which you received the winnings since you spent it in three days, not the $3000. Have you gotten your overpayment notice yet? Gambling is your choice, but you will continue to get overpaid on SSI if you gamble and win again. No one is stopping you but there are consequences to your actions.

    When you asked about talking to a judge, I thought you meant an SSA Administrative Law Judge who has authority to make decisions about SSI issues. If you have a friend who is a federal judge, of course you can talk to that person whenever you want. But to request a hearing before an Administrative Law Judge, you need to have a notice that you disagree with. An ALJ will not hold a chat with you because you don't like certain rules. An ALJ has to make a decision about an issue.

    But you can request a hearing if you choose. And the ALJ can dismiss your request if you are not disagreeing with a decision made that affects payment.

    https://secure.ssa.gov/apps10/poms.nsf/lnx/0504030020

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