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  1. #1

    Default How to Get a SSI Overpayment Removed from Your Credit History

    My question involves collection proceedings in the State of: Washington

    I was on SSI for several years (PTSD), and when I got a well-paying job notified them immediately. Next thing I knew, I was being audited for the last 12 months of SSI. She said I couldn't have been paying my bills with the income and assets I had. I proved with statements that I'd been living on credit cards, but she found against me, that I'd been "overpaid" SSI. What an angry woman.

    I appealed, but unfortunately gave them the only copy of the documents. A couple weeks later my original credit card statements were returned to me by mail with no letter, and the address handwriting was that of my auditing officer. (hmm) I waited and waited for word, and finally after 6 months went back to their office, whereupon I was told there is no appeal and I was now past the appeal period! Naturally my appeal was 'lost' and was never annotated, although my visits to their office were.

    I filed another appeal, and the same auditor who decided my case (How can they do that?) turned it down as untimely.

    I lost my job after a year and found that Social Security had dinged my credit reports with a $6,700 unpaid debt, taking me down from a score of 804 to 670. Then they garnished my former employer. (good luck with that) Miraculously I'd managed to buy a house with this sh*t on my record, but I was charged higher interest. Now I want a HELOC. but higher interest because of this SocSec issue alone.

    I read that Washington now has a new law with stricter reporting requirements; three of four identifying items must be correct, or the item must be removed. I suspect though that they give SocSec an opportunity to correct, and even if its removed it could take months for my score to improve. How can I navigate this process to get this unjust black eye off my record? I work in a field of trust, and this sort of problem also impairs my ability to get a job. (THANK you, SocSec, is this what you really want?!) Is there any other way to get this removed?

    I have reapplied for SSI for the time being, retroactive to January, but haven't heard anything for months. I'm going in to the office today. I've asked the NW Justice Project to help but things are going slowly.

  2. #2
    Join Date
    Sep 2010
    Posts
    16,704

    Default Re: Credit

    Perhaps I'm missing something, but you appear to still have a unreversed SSI overpayment judgment. You owe the money and the credit reports are not inaccurate. You've missed your opportunity to appeal that, it would seem. It's not going away and it's not going to be removed for your report as it is not erroneous. There's no way to "repair" it. If you manage to pay off the debt, then your credit will go away (at least as far as the outstanding debt is concerned).

    Please avoid profanity when speaking to us.

  3. #3

    Default Re: Credit

    This was no help at all, which may be what you intended.

    Are you trying to convince me that the Law has completely lost sight of Justice? Was this your goal? Or are you just angry?

  4. #4
    Join Date
    Sep 2010
    Posts
    16,704

    Default Re: Credit

    I'm telling you what the law is. As it stands the government has a presumed valid clain that you owe them. You won't get that removed from your credit report just because you insist they were in error. As far as the LAW goes, the credit report is CORRECT and there's NOTHING you can do about it.

    Now the question you didn't ask is can you do anything to reverse the determination that you owe the money. Alas, I don't think you have a choice. Apparently you ignored the process to the point where you no longer had a statutory right to challenge that. If you have a shred of a chance, you'd need to talk to a lawyer that handles such cases in front of the SSA (I have a friend who is that sort of attorney up in NJ, not that it would help you). I don't have much hope however. The ship has sailed.

    And nobody likes having people use profanity. You would be well advised to not abuse the poeple who volunteer to asssist.

  5. #5

    Default Re: Credit

    I agree flyingron, denial is a good defense mechanism. And I know life is terrible, especially for the orthodox.

    I can't afford an attorney. And I had never ignored anything -- I had a vicious weapon used against me: the trash can. (Blaming the victim is almost as vicious, "flyingron", if that is your real name) I couldn't know what their systems are, and I was on SSI for a very good reason: PTSD from intel work. You don't know what I've done for you, and I am severely affected by this every day. I couldn't go there every week and ask about this; they have a guard there, who they would have had ban me. You don't know what they're like, and I doubt you have any legal training from the looks of it. It's bullies like you who run off the really good minds on forums. Not interested in your regressive (is that profanity?) input anymore, flyingron.

    Does anyone have any ideas?

  6. #6
    Join Date
    Feb 2008
    Posts
    717

    Default Re: Credit

    wow I doubt anyone will even try to answer you now that you have gone off on a Senior Member who is doing his best to help you with more(and good) information. Unfortunately you don't like his answer, but that doesn't make it untrue, bullying or any reason for you to speak to him that way. He tried to help and gave good advice.... I am sorry this affects you so much.

  7. #7
    Join Date
    Jan 2015
    Posts
    828

    Default Re: Credit

    The whole problem is that it is NOT an unjust thing regardless of what you think. SSI is based upon your being both disabled and your income being below the federal poverty guidelines they're using. When you sign up for SSI, you MUST show proof that you are low income, and they reserve the right to go back and get all in your financial business and audit your income records for any period of time that you were receiving benefits. With this program, you do not get extra credit or extra benefits for the reason you are disabled, or what you've done for your country or whatever. It is just what it is. And I do know about the system, and you don't get any extra credit for not accepting the way it works or that it doesn't meet your definition of justice.

    There was some obvious discrepancy in your information you had provided them and what they determined about your income from other sources of income information, including your federal income tax statements, bank records,etc. all of which they were able to get and look at. You responded with statements, and they "found against me." (Which shows you were quite aware that the judgment did not go in your favor and was on record)

    Way back when you were involved with this overpayment situation, you received back some things in the mail and you claim to totally not understand what they meant, and before you inquired, you waited 6 months to find out why they were sending this and what it meant. When what it meant was that they had questions about your income reporting, and they had determined that you had been overpaid for the time while you were receiving SSI, and there was a very brief appeal period where you could have tried to appeal that determination, and you did not. And it is very possible that even if you had filed an appeal at the proper time, it wouldn't have been successful.

    I strongly suspect that somewhere in the paperwork you received, or claim not to have received, there was something that told you about that appeal process and how the appeal was only available to you for a limited period of time. They don't just create new personal letters for everyone, there's a very standard set of communications they send out and a very set process that they go through with overpayments. You could have, if they had desired to do so, been turned over to the district attorney for prosecution for fraud as a crime, but this did not happen, as it doesn't in most cases. Which was the good thing for your side.

    Therefore what you've got on your record is an overpayment of SSI benefits for which you were later declared inelegible. With no more appeals. And it's showing up on your credit.

    I know this is obviously NOT what you want to hear, and not how you want things to be, but the only way you can remove this overpayment is by paying it off.

  8. #8

    Default Re: Credit

    comment/ator,

    - Yes, SSI is based upon my being both disabled and my income being below the federal poverty guidelines they're using. And I had qualified for several years. Where did I say otherwise? It was only after I'd secured a high-paying job that they audited me, finding I was "overpaid" $3,995. After I appealed this suddenly went up to $6,700. Clearly vengeful, unbased, and unjust, given the evidence.

    - I did show proof that I was low income, and they do reserve the right to go back and get all in my financial business and audit my income records for any period of time that I was receiving benefits. Where did I say otherwise?

    - I do not get extra credit or extra benefits for the reason I am disabled, or what I've done for my country or whatever. Where did I say otherwise?

    - I am not asking for any extra credit for not accepting the way it works or that it doesn't meet my definition of justice. How did you reach this conclusion?

    - I was quite aware that the judgment did not go in my favor and was on record. That is why, I timely appealed it as soon as I was notified of the audit results, as I said above.

    - Way back when I was involved with this overpayment situation, I did receive back some things in the mail, but I did not claim to totally not understand what they meant. I specifically said they were my original credit card statements, which I was required to submit with my appeal to prove that I had been living off my credit cards.

    ...
    To reiterate: The whole point is, Soc Sec asserted in the audit that I could not have paid my bills with the income and assets I had. So I proved to them that I had been living on my credit cards (IOW borrowing), in order to pay my bills, and my proof was submitting my original credit card statements which clearly showed this. I did not have any undeclared assets or income, and I thus was not overpaid, and I had proof. In the face of these absolute facts, the auditor still found against me -- and this was unjust. Your unshakable presumption of their fairness is completely incorrect in this case.

    To reiterate: About two weeks after I had filed my appeal, I received in the mail from Soc Sec (what anyone with an IQ above 70 would recognize as) my original credit card statements. This was completely expected, as I was required to submit the originals with my appeal, and it would very very much make sense that they would return the originals to me. These credit card statements came without comment, as I said.

    It appeared that my appeal was on track, and not knowing how long it should take, and being given evasive answers by Soc Sec about timelines, I waited patiently as we all know the government can take awhile to do things. I was respectful of the process, and was not about to disturb people who I thought were working hard with limited resources. And, given my condition it was all I could do for me to face this anyway. (Yes I know, go ahead and pile on about my illness now)

    I got alarmed enough to be able to deal with it after six months, and that was when I found out my appeal had never been logged, much less decided. Unfortunately, in my panic of filing the appeal, and with my trust in them, I did not think to get a stamped copy of my appeal. This turned out to be a toxic error. Where have I ever said otherwise?

    My appeal had been given straight to my auditor, whose handwriting had addressed the returned credit card statements -- and she then evidently trashcanned my appeal... because it disappeared. I doubt she took it home to cuddle with. My appeal, which disputed her judgment... was handed to the very person being appealed against. Remember? She then eliminated my request -- as it was strong evidence that she had made a mistake, and then she doubled the amount against me. This was in fact unjust, whether you see it/like it, or not. (Maybe the thing is, we do not share the same definition of 'Justice', or maybe one of us has lost track of its meaning)

    When I discovered that my appeal had disappeared, six months later, I filed another appeal; no longer trusting in the process or its actors, this time I got a stamped copy. As I said, wif tha words what are coming out my mouf, this second appeal was denied as untimely --mechanically according to the timetable-- but unJustly, whether you see it/like it, or not. Go ahead and pile on me about being past the 90 days because I was respectful and extremely distressed.

    You are right comment/ator, that what I do NOT want to hear (and what I did NOT ask for) is all the things that are wrong and how it is all my fault and I have all the blame and what I should have done in the past. I can not go back in time with a time machine and make changes. Everyone who comes here has played some part in their situation, so blaming the blame on the blamee for all the blame serves no purpose other than to take out one's own frustrations on somebody else, and I guess it's high time someone pointed this out. This behavior should always be recognized and ridiculed. There is no exception here to where blame can be doled out, and so to do it is assaultive, polluting, emotional, and senseless.

    I thought this is a legal forum, with educated and creative people, where I could ask for constructive and innovative advice on positive measures I can take, now. So far all I find is frustrated and angry people telling me off and taking their life's problems out on me. This is the sort of environment which runs off talented (-and- always sensitive) people. The difference with me is I've seen about everything before and I will bully a bully. If you can not think of any constructive ideas for this situation, then do us all a favor and do not post here. I will understand that you have nothing constructive to say. And finally, I do not care what kind of cliques have formed here nor who's giving whom reacharounds; I try to operate mathematically.

    English is my native language, and I just do not know how to say it any more clearly.

    People must be reading different words somehow, than the very clear explanation I gave at the top.

    I hope for everyone's sake here that 'flyingron' and 'comment/ator' are coming from the same IP address. I don't care enough to check.

  9. #9
    Join Date
    Feb 2008
    Posts
    717

    Default Re: Credit

    wow again.....maybe you should just find help elsewhere. You have gotten TWO responses (from two different posters) to what you have posted. Neither were bullying, insensitive...just facts they know that affect the situation as you have stated it. Sure, there's a grand conspiracy of trash cans and SSI auditors and those who post here too. (BTW, we are all volunteers, if you want a legal opinion that can look at ALL the details, take all your paperwork to a local attorney who is familiar with SS disability claims)

    I know nothing to be able to help you except that at this point, I have to agree that I see no recourse for your situation but to pay back that amount over time to help recover your credit score. Whether that is right/fair/etc, again I see no other recourse.

  10. #10

    Default Re: Credit

    At least I made you laugh.

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