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  1. #1
    Join Date
    Mar 2007
    Posts
    2

    Unhappy Tax Refund Was Sent To The Social Security Administration

    First of all, I live in Georgia. I need advice because I don't know what to do. I am a 24-year-old working mother supporting 2 small children and a husband who is in college. I filed my taxes in February and was scheduled to receive a $7608.00 federal refund. I was depending on this refund for my family. I need this refund so that I can pay for daycare for my children in order for me to go to work. So what is the hold-up? Well, yesterday I received a letter from the IRS notifying me that my refund had been sent to the Social Security Administration. ALL OF MY REFUND! I know that $7608.00 isn't a lot of money to a lot of Americans, but to me that is a LOT of money!

    What makes it even worse is that the money was taken from me by Social Security for overpayments made in my name to my mother while I was still a child! The Social Security Administration claims they can, and do, hold me responsible for the overpayment they made to my mother while I was still a child. The total amount I am "indebted" to pay is $11,077.00!!! Up until yesterday I had no idea that my name was linked to Social Security in any way. Social Security claims they sent me notices but these were sent c/o my mother. Of course, I never saw the notices or heard anything about them.

    It gets even worse. I spent time talking with my local Social Security office. What I learned there really breaks my heart in many ways. The overpayment my mother received was fraudulent on her part. She continued to receive money for me even after I had moved out from her house at age 16. In fact, she continued to receive money in my name until I was 21 years old. I never knew anything about it; until yesterday, that is. I explained all of this to my local Social Security office but the supervisor showed me the law showing that I am responsible for the money paid in my name to my mother EVEN THOUGH I WAS A CHILD THEN and even though it was fraudulent on my MOTHER's part, I am the one responsible for paying back the Social Security Administration. The supervisor at my local office even told me,"It doesn't even matter if you were an adult but mentally incompetent to make the decision to receive Social Security. If there was an overpayment made in your name to a representative party, you are still held responsible for repayment."

    My children need me to be able to work. I am trying my hardest to live "The American Dream," but it is America's government that is inhibiting me from doing so. Please help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,187

    Default Re: Tax Refund Was Sent To The Social Security Administration

    Attempt an administrative appeal within the Social Security Administration, or try arguing hardship to them to see if they will allow a reasonable repayment schedule.

  3. #3
    Join Date
    Mar 2007
    Posts
    2

    Default Re: Tax Refund Was Sent To The Social Security Administration

    An administrative appeal sounds like a good idea. Repayment sounds ludicrous as I do not feel it is right or just that I be held responsible for this repayment. For the administrative appeal, should I get a lawyer for that or would you recommend just notifying SSA that I plan to file an administrative appeal...? How do you recommend I go about this?

    Thank you for your time.

  4. #4
    Join Date
    Jan 2006
    Posts
    27,034

    Default Re: Tax Refund Was Sent To The Social Security Administration

    Repayment sounds ludicrous as I do not feel it is right or just that I be held responsible for this repayment.
    what you feel is truly irrelevent. If you are legally required to repay the debt, then you are going to continue to have tax returns seized (and possibly other means of garnishment) until it is paid off.

    I am not attesting to the legal requirement of you having to repay SS but since there have been none here to support your contention that you are not liable, I tend to believe the SSA is correct.

    If that is the case, look to suing mom for the money. Since she is the one who has gained illegally at your expense, it would seem reasonable to believe you can sue her for the damages you are required to repay.

  5. #5
    Join Date
    Jan 2009
    Posts
    6

    Default Re: Tax Refund Was Sent To The Social Security Administration

    i think its stupid for ssa to make some1 else responceable for there own mistakes. americans shouldnt have to repay money out for a companys heartless/brainless mistakes. and samething happend to me 3 years ago they took one tax refund from me but no longer do so i still owe over 2,000 to ssa for overpayment that i kept recieving checks when they were supposed to stop they kept sendign me money even when it stoped 2 years later they claim i told them 2 do it like me saying i diserve the money actualy makes them do that and these criminals at ssa and all these banks/other companys need to be put in prision but ssa stopped taking refund i think becuz i actauly recieved it the last 2 years and my tax guy told me they cant take it inless i make over 8,000 but i was way over that at 11,000 but they still didint could they have forgoten about it or could have put some kind of freeze on it or somthing

  6. #6
    Join Date
    Jan 2009
    Location
    California
    Posts
    691

    Default Re: Tax Refund Was Sent To The Social Security Administration

    By the way, I find it highly unlikely that checks were paid on your behalf until you were 21 since once a child reaches age 18 (or 19 if still in high school), benefits stop being paid unless medical evidence proves the child is disabled themselves. I think you need to get your date evidence in order as well.

  7. #7
    Join Date
    Jan 2009
    Location
    California
    Posts
    691

    Default Re: Tax Refund Was Sent To The Social Security Administration

    Not sure what happened to my first post.

    What you can do now is go to your personnel/human resource office and reduce your federal income tax withholding to zero so that you don't expect a refund at all. Not sure if your company would allow it, but you could also see if you can receive Advance Earned Income Credits in your paycheck throughout the year instead of waiting for a refund next February.

    Now, the danger in this plan is that you may end up owing the IRS some money 4/15/2010 and if you don't set money aside or plan for it, you will have a new government debt. And the IRS adds penalties and interest. SSA does not.

    You should get copies of all letters that SSA says it sent to you. You need to have evidence of the dates of the overpayment. Again, it is doubtful that your mother received benefits for you through age 21 since benefits stop at 18 unless you were still in high school or found to be disabled. So that part of your story doesn't make sense.

    You should also gather proof that you did not live with your mother after age 16. If you didn't, who supported you? Are you certain your mother did not or give money to the person who did support you? That part of your story is plausible, but without evidence, it may be hard to SSA to believe you. Get school records that may show your address or who was responsible for you in school, or rental agreements or anything you can.

    File an appeal of the facts. Prove that your mother did not spend the money on you. You probably need much more than your statements or statements of friends. If the appeal fails, file a request for waiver. State that you are not at fault and you cannot afford to repay. There are forms to complete. You may have to have a conference with an SSA employee. If the waiver is denied, you can appeal that decision.

    This may take quite a bit of time. You may have to appeal up to an Administrative Law Judge, so getting your documents in order would be a good first step. I also agree that you should file a small claims action against your mother but a judge will also want evidence.

  8. #8
    Join Date
    May 2009
    Posts
    2

    Default Re: Tax Refund Was Sent To The Social Security Administration

    Hey scarletRED,

    I work for an independent newspaper in Georgia and I'm working on a story right now about a man with a problem very similar to your own. This guy is going to lose over $1100 dollars to Social Security for the same reason you are. He filled out a waiver, but still hasn't gotten any info back about his money after waiting for about a month. I know you posted this a while ago, but hopefully you'll still check it and help me out. Did you have the same problem with the waiver? What did you end up doing? I would love to talk to you about it and include what you have to say in the story.

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