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Disputed Withholding of Social Security Benefits

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  • 02-17-2017, 10:19 AM
    tjm001
    Disputed Withholding of Social Security Benefits
    I am retired and collect Social Security benefits. I recently received a letter from SSA without any explanation, forewarning or notification of right to appeal that they are going to begin withholding overpaid Social Security benefits each month for the next 12 months. When I called SSA the person I talked to was polite and friendly but was unable to determine any reason for the alleged over-payment. She expressed bewilderment, apologized and informed me that I would have to visit a local Social Security office in order to get an explanation.

    The person at the SSA office at first was also unable to provide me with any explanation but when pressed seemingly went into a different system or information source. He then informed me that when my disabled adult son who was receiving Social Security benefits died 2 ½ years ago a benefit payment was inadvertently made after his death. And since the benefits he had been receiving were based upon my earnings record I was responsible for that payment. I asked him how that could be possible since I reported his death to SSA in a timely manner a few days after his death. He could not answer that nor could he tell me whether the payment transaction was processed or who processed it. I was told I had no right to appeal. I left with no further explanation other than a promise that they would look into it and the withholding would at least temporarily stop.:wallbang:

    My suspicion is that my son’s bank account may have had a negative balance at the time of his death and that the bank received and processed the post death inadvertent benefit payment to offset the negative balance. This is speculation on my part and brings forth my second issue. The bank refuses to give me any information since I have no ties to his account.
    Any thoughts, suggestions? Thanks.
  • 02-19-2017, 11:47 AM
    Mr. Knowitall
    Re: Disputed Withholding of Social Security Benefits
    Were you the representative payee? If not, what does this have to do with you?

    Did you follow the instructions for an appeal?
  • 02-19-2017, 01:14 PM
    Mercy&Grace
    Re: Disputed Withholding of Social Security Benefits
    It takes time for SSA to stop payments. They can't automatically stop the next payment. A lot depends in when SSA is notified of the death and when the next scheduled payment is due.

    The bank was right to not give you info. Were you your son's Representative Payee ? If you were, you were responsible for the money SSA deposited into his account. The funds should have been deposited into an account with your and his name on it. In this situation, you would have access to the funds and the banking info. Usually, SSA will recover overpayments from the beneficiary. When the beneficiary is receiving benefits off of a parents record and they die, SSA can go after the parent for the overpayment.

    Usually, you have 60 days to request an appeal. Does your letter state you have 60 days to file an appeal but the SSA rep said you did not ? If this was not the first letter and it has been more than 60 days, it is unlikely you can appeal. Did you call your local SSA office or the toll free 800# ?
  • 02-19-2017, 01:50 PM
    tjm001
    Re: Disputed Withholding of Social Security Benefits
    I was not the representative payee. What it has to do with me is, it's my money they're attempting to take! I was informed an appeal is not possible by the SSA representative during the personal interview at the local SSA office.

    The first letter was dated February 3, 2017 and does not mention anything about an explanation or an appeal. As I previously stated the SSA rep at the interview on February 8th informed me that an appeal was not possible "in this type of case".
  • 02-19-2017, 02:06 PM
    Mercy&Grace
    Re: Disputed Withholding of Social Security Benefits
    Your son was receiving money off of your work record. If he was still alive and an overpayment was made, SSA would take the money out of his monthly benefits. With him no longer alive, the only way SSA can be reimbursed is through you. I am assuming you didn't go through the legal channels needed in have access to your sons bank account and close out his account. If you had, you could have used the balance in the account to reimburse SSA. When did your son die ? When did you inform SSA ?

    Liability for Repayments-
    https://www.ssa.gov/OP_Home%2Fhandbo...book-1906.html
  • 02-19-2017, 02:39 PM
    kit cat
    Re: Disputed Withholding of Social Security Benefits
    I disagree that you have no right to appeal.

    Never be scared off by something someone tells you at SSA.

    I do not have any idea if the appeal will be successful, but I don't see why you would not have the right to try.

    https://www.legal-aid.org/en/las/kyr...erpayment.aspx

    You can appeal 2-3 times.

    If you are poor, you can also request a waiver and appeal that 2-3 times.

    If you only appeal once you will almost certainly be denied, because they tend to deny everyone at the beginning.

    You can also try getting in touch with your congressperson to see if they can assist in any way.

    ---

    P.S. If they are saying you cannot appeal because the deadline has passed, you could still submit the appeal and request consideration for late filing for good cause (good cause = you were never notified)
  • 02-19-2017, 03:52 PM
    tjm001
    Re: Disputed Withholding of Social Security Benefits
    Quote:

    Quoting kit cat
    View Post
    P.S. If they are saying you cannot appeal because the deadline has passed. In which case you could still submit the appeal and request consideration for late filing for good cause (good cause = you were never notified)

    Thank you. This pretty much reinforces what I had in mind. I will appeal as long as I can. I cannot see how I can be responsible for their mistake. The death was on September 23, 2014 and it was reported on October 1, 2014. A benefit dated a few days after his death was returned. Again I cannot see how I can be responsible for a mistake that SSA made by sending the bank a benefit roughly 30 days after I reported the death to them. Not to mention the fact that I was totally unaware of until 2 1/2 years after the fact.
  • 02-19-2017, 05:02 PM
    Mercy&Grace
    Re: Disputed Withholding of Social Security Benefits
    Quote:

    Quoting tjm001
    View Post
    Thank you. This pretty much reinforces what I had in mind. I will appeal as long as I can. I cannot see how I can be responsible for their mistake. The death was on September 23, 2014 and it was reported on October 1, 2014. A benefit dated a few days after his death was returned. Again I cannot see how I can be responsible for a mistake that SSA made by sending the bank a benefit roughly 30 days after I reported the death to them. Not to mention the fact that I was totally unaware of until 2 1/2 years after the fact.

    How do you know the benefits dated a few days after his death were returned ? You are responsible because it is off of your work record. See "Can Other Individuals Be Liable For Overpayments?" at the link I provided in #5.
  • 02-19-2017, 05:53 PM
    tjm001
    Re: Disputed Withholding of Social Security Benefits
    Quote:

    Quoting Mercy&Grace
    View Post
    How do you know the benefits dated a few days after his death were returned ? You are responsible because it is off of your work record. See "Can Other Individuals Be Liable For Overpayments?" at the link I provided in #5.

    I know this because I recall that funds disbursed a day or two after his death were returned by my daughter or ex-wife at that time. Furthermore the SSA rep at the interview confirmed this fact during the interview. He stated the funds they are trying to make me responsible for were another disbursement at a later date presumably the next months benefit after that date.
  • 02-19-2017, 06:37 PM
    Mercy&Grace
    Re: Disputed Withholding of Social Security Benefits
    Quote:

    Quoting tjm001
    View Post
    I know this because I recall that funds disbursed a day or two after his death were returned by my daughter or ex-wife at that time. Furthermore the SSA rep at the interview confirmed this fact during the interview. He stated the funds they are trying to make me responsible for were another disbursement at a later date presumably the next months benefit after that date.

    You need to contact your daughter or ex-wife and ask them what happened to that money. Maybe if they know you have to repay it, they will return the money to SSA. This money was Not their money. If it had been returned to SSA, you would not have to pay it back.
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