Results 1 to 7 of 7
  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Up for SSI Payment Review

    I am the mother of a child with autism. About 4 years ago, I went to the SS offfice and signed up for SSI-thinking it would be hard to obtain. The state I was in didn't make me fill out anything. Later, I moved to NJ, where it is much harder to apply for these benefits. When I arrived in the state, I called the SS office and asked if my benefits could be transferred to NJ-even though I was receiving my benefits through direct deposit. I even asked if I have to come down to the office to fill out anything-and the reply was "no" it can be done over the phone. I have been working most of this time and file my tax returns-which is public information. Although I don't think I will qualify, I want to stop the payments without looking guilty. I have no receipts and am nervous about turning over my bank statements. I am willing to repay what I am supposed to. I am scared to death! I am considering hiring a lawyer for the review. Although I didn't spend the money on excess, I did use some of it for bills-which there are a lot of. I don't want to go to jail! Help!

  2. #2
    Join Date
    Jan 2009
    Location
    California
    Posts
    694

    Default Re: Up for SSI Payment Review

    I am a little confused.

    You do know that SSI is a public assistance, needs based program for disabled and elderly adults with low income and limited resources and disabled children with parents who have low income and limited resources. Surely you must have provided some sort of documentation that you were low income. You at least alleged it.

    So, have you ever reported that your income has changed? The ideal situation would be that you make monthly reports of income, sending in pay stubs once a month, so SSI can be modified monthly, if need be. This assumes that your local office is taking care of these monthly reports on a timely basis - doesn't always happen.

    I am a bit surprised that you could have gone 4 years without reporting a thing or that SSI did not contact you. But that is the result of the understaffing - SSI redeterminations have been put on the back burner.

    Your wages are NOT public record. The public cannot see your wages. SSA can discover your annual wages since all wages eventually get reported to the Social Security Administration as part of your earnings record. SSA also gets quarterly reports from the state of residence. None of this cancels your responsibility to report changes in your income, however. This is a method of checking to be sure you are doing your job.

    Find all your pay stubs and SSI can determine whether or not your son has been paid correctly. Provide a valid estimate of future wages. How much per hour, how many hours per week, what is your pay day? If you claim it "varies" then pick the highest estimate to avoid being overpaid. When the accurate amount is verified, then SSI can be adjusted retroactively upward instead of overpayment.

    SSI has a right to see your bank statements since you claimed, at the time of the application, to have limited resources. You agreed to this in the application. Find those documents and read them again. When parents have too much money, it doesn't matter how severely disabled the child is - there is no SSI, no public assistance for middle and higher income and asset parents.

    You can ask for a voluntary termination of SSI benefits. 60 days after the last check, there is no appeal, no reopening of the original claim. You would have to file again for your child. Since he was approved once for autism, it is likely he would be approved again, but there is no guarantee. He may now be functioning much higher. Unable to tell in advance.

    The fact that you spent SSI on bills is really immaterial. What you may consider normal expenses may to someone else seem like living high. Or the reverse. You may actually be a low income family and your income and resources may have been within the limits throughout the SSI entitlement period. You may think an $800 apartment rent is normal or you may think that $3000 monthly mortgage is normal.

    Not sure why you think you need a lawyer except that you think you have done something wrong. You might want to wait until SSI has decided you did something wrong and asks you for money back and then talk to a lawyer. Or just pay the money back if there is an overpayment.

  3. #3
    Join Date
    Sep 2008
    Posts
    4

    Default Re: Up for SSI Payment Review

    Janke,
    When you talk about voluntary termination of SSI claim, what do you mean by "no reopening of the orginal claim"? And when someone has too much income and is no longer able to get SSI does SS contact them before that year is up, or is that up to the claimant to re apply if necessary?

  4. #4
    Join Date
    Jan 2009
    Location
    California
    Posts
    694

    Default Re: Up for SSI Payment Review

    In order to be eligible for any SSI benefits, a person has to be found disabled under the law. There is a common mistaken idea that once someone has been found disabled for SSI, that decision will apply indefinitely. That is incorrect.

    In order to qualify for SSI benefits, someone has to be both disabled or over age 65 AND meet certain income and resource requirements AND certain other non-disability factors. A claimant can have received a favorable SSI only ALJ decision after years of going through appeals or 30 days after applying. However, once that person becomes ineligible for SSI for a non-medical reason, excess income, excess resources, living outside the US, being incarcerated and that ineligibility has lasted over 12 months, then a new claim is required and a new finding of disability based on current medical evidence is now required.

    This often happens with adults who have some mental problems who keep going back to prison. In order to be ceased, SSA has to show medical improvement. However, if someone is in prison for 12 months, SSI is terminated and a new application is needed and the same hoops that were required in the first application would be required in the subsequent. Just because an ALJ said, in 2004, that you had been disabled since 2000, doesn't mean that SSA will adopt that decision in 2009 if you have been incarcerated and ineligible for 12 months.

    You can also stop SSI by voluntary termination, a request. That decision becomes final in 60 days, not 12 months. If you want to get back on SSI in 90 days, you have to start from square 1, new application, new finding of disability.

    If you think you are making too much money for your child to qualify, report the excess income, SSI will stop, and there is a 12 month window in which you could re-establish eligibility (assuming that the child hasn't been ineligible for the last 12 months due to unreported excess income).

    The notices generally include a paragraph about how to re-establish eligibility and in what time period.

  5. #5
    Join Date
    Sep 2008
    Posts
    4

    Default Re: Up for SSI Payment Review

    I think that not being reviewed for several years is not uncommon. It has been several years since I was reviewed, no SSI redet's. I will be receiving a lot more child support this month which will be make me unable to qualify for SSI anymore. I'm just hoping everything goes smooth when I report the extra income, because it's been so long since I have had ANY contact with SSA. Is there such a thing as an exit interview or anything? I'm sure there have been times when I've been over the limit by a little due to b-day gifts and such.

  6. #6

    Default Re: Up for SSI Payment Review

    Allisfair72:

    To get right to the answer of your question.

    You are not going to go to jail. If SSA suspects that there might have been an overpayment they will call you and speak with you. If they feel the need to look at your bank statements they will ask you to sign a release form. If you refuse they will view this as non compliance and suspend (eventually terminate) your benefits until you do. If you cooperate, which you should, they will take about 2 months to review you accounts. They only look at what your balance was as of the very first day of each calander month. They are only permitted by law to review the last 22 months before they contact you about a possible overpayment.

    When and if there is a determination of an overpayment you will receive a letter stating how much you were overpaid. You will get a copy of each month's bank statement and the calculation the field office used for each month that shows if and how much you have been overpaid. The total will be on the first page of the letter.

    If you still meet the resource and income requirements you will continue to receive your current benefit. However you will have 30 days ( i think) to either: File a Request for Waiver of Repayment (which is very important that you do), decide to pay them back if you can (which you probably can't), or make arrangements to have a certain percentage deducted from future payments until it's paid off.

    If your Request for Waiver of Repayment is approved you won't have to pay them back and payments will continue as usual. If it is not approved they can make arrangements to reduce your monthly payments. They cannot reduce more than a certain percentage, I think it's 10% but I'm not sure. This will continue until it's paid off.

    The Request for Waiver is crucial. However, you can also go the appeals route at the SAME TIME. File a Request for Reconsideration of the original decision. If that is declined you appeal for your case to be heard by an Administrative Law Judge and if he/she still finds that the original overpayment decision was correct you can appeal to the SSA Appeals Court. Then, if need been, the next recourse is in Federal Court but that is very rare.

    Either way, if your Waiver Request and/or Appeals process are unsuccessful SSA is not permitted to stop payments in full if you child is still disabled and you currently meet the financial rules which are very harsh and arbitrary in according to SSA employees, American Bar Association and beneficiaries themselves.

  7. #7
    Join Date
    Jan 2009
    Location
    California
    Posts
    694

    Default Re: Up for SSI Payment Review

    Although there is a 24 month rule called administrative finality, a case can be reviewed further back if there is fraud or similar fault. But for that, SSA has to show there is intent to defraud. Not easy to document with the limited staff SSA has.

    Also, SSA is limited to recovery at 10% of the federal benefit rate. But for a person with a $5000 overpayment, recovery at $100 per month would take 50 months, 4 years and 2 months. If it were negotiated down to $25 per month, it would take 200 months, over 16 years.

    It is also possible that SSI could stop for excess parental income at some point. That does not get rid of the overpayment or recovery. If the parent does not pay back the overpayment, and the child is still disabled at age 18 and reapplies, the child will end up paying back the overpayment. Also, the child could be subject to income tax refund garnishment for any unpaid SSI or Social Security overpayment.

    I don't agree that the financial rules are either harsh or arbitrary, in general. Of course, if you apply certain rules to a specific situation, it may seem harsh to that person. But this is a public assistance program. If there were no limits, anyone could get free money. Also, the rules should be applied uniformly. That is fair. In effect, SSI is welfare, the dole, government handouts. How much do you think should be given to the disabled from the non-disabled? Everyone has a different idea and it usually depends upon whether you are the giver or receiver.

    1. Sponsored Links
       

Similar Threads

  1. Debt Collectors: Debt Collector Wants Full Payment Even Though I Already Made Payment Arrangements
    By dmez01 in forum Credit Card Debt
    Replies: 4
    Last Post: 06-27-2011, 09:29 PM
  2. Repossession: Personal Payment Plan, Late on Payment - Can I Repo My Car Legally
    By hollatjagirl in forum Auto Loans and Repossession
    Replies: 8
    Last Post: 05-25-2011, 10:54 AM
  3. Drunk and Impaired Driving: Going in for a Review
    By betty1 in forum Drunk and Impaired Driving Charges
    Replies: 1
    Last Post: 06-26-2009, 11:14 AM
  4. Replies: 2
    Last Post: 05-05-2009, 08:21 AM
  5. Repossession: Dealership Repossession after Stop Payment on Down Payment in California
    By MzLinette in forum Auto Loans and Repossession
    Replies: 1
    Last Post: 08-19-2007, 09:54 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document