I recently received notice from SSA Disability that I am expected to pay almost $4,000 because they sent overpayments from my disabled father to me when I was a child via my mother. I need advice because I never personally received any money nor was aware of receiving any money because as a child it was all handled by my mother. Regardless, SSA is coming after me 26 years later for payment.
Can anyone advise on laws that would stop this inane pursuit? Is anyone aware of a statute of limitations or administrative finality to use to appeal? Does anyone know of anywhere that it's written in the law that a beneficiary isn't responsible to repay overpayments if those payments were made while the beneficiary was a minor?
I've spoken with a SSA field officer and she said that though it doesn't make sense that the SSA would collect from a minor who never personally received funds or filed for benefits, the language in the law seems to hold any beneficiary responsible regardless of age, and nothing can be done unless a loophole is found in the law or the law is rewritten. Even though it is the SSA's fault for calculating payments wrongly, and even though I didn't personally receive those payments, they consider me guilty and have already taken my federal tax return and continue to pursue for the rest.
Another clinker in this story is that they sent the initial letter in April 2011 to an address in Arizona though I've lived in Wisconsin since 1987. So I never received that letter. I only received a long threatening letter in early December saying that I needed to pay them back by the end of December. Talk about a shocker.
They sent me a waiver form but they will only consider waiving the pursuit of overpayment if they find me 1) not responsible AND 2) unable to pay them back. Both criteria have to be met. And they will crack into a 401K retirement plan for the money.
On principle, even if I had the money, I donít feel that I should be held responsible for repaying these funds since I had no knowledge or control of any funds since I was a child. Also, itís 26 years after the disbursement of the alleged funds, alleged because I have no paperwork or any proof that any funds were ever sent or received on my behalf.
If anyone has any advice on SSA laws and how to appeal, I would really appreciate your wisdom. Thank you!