He received a letter stating he was overpaid by $12,0.. In the middle of this process, he went to out of country for a family visit and had a heart attack and died, now social security is still asking for that amount from the wife which is a single mom now and raising 2 young children. Is it better to talk to a lawyer or no and also is she liable for that money? Coz that was for his own use not for family since the wife was supporting the family herself.
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I do not see legally how SS can go after someone else for the money. After all, she would have have own Social Security account. They would have to go after his estate, if any.
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Gork32
She does not need an attorney at this point. What she does need to do is file a Request for Waiver of Overpayment. If she was not at fault in having caused the overpayment AND she is unable to repay it then the overpayment will be waived. If the waiver is denied, the next step is what is called a personal conference which basically consists of an interview with a different claims rep than the one who makes the original waiver decision. I wouldn’t get an attorney unless the personal conference is denied because the next step is a hearing. In the meantime, Social Security won’t withhold benefits from any checks being paid to her or the children.
She and the children benefited from the money he received which he shouldn’t have gotten which is why Social Security has the right to go after her benefits and the children’s benefits. It’s quite possible that she was well aware of the fact that he was fraudulently receiving benefits. I bet he was overpaid because of work which he didn’t report or the receipt of worker’s compensation which he failed to report – one or the other.
Source(s): Retired Social Security claims rep.
Yes, absolutely talk to a lawyer. Around $7 in benefits could be SSI or SSDI and which it was is critically important. If she was not divorced from your uncle than yes your aunt is liable for the money. She benefited from the money while married.
See a lawyer soon as penalties will be added if repayment doesn’t begin.
I think your family needs to talk 2 a attorney even if you don’t eventually hire one. If the family is w/o funds perhaps they could speak to a legal aid attorney.
but fyi; if a person is married then any income they receive is perceived to be shared with their immediate family members so the argument that his money was for his own use and NOT his kids won’t fly.
Also, if she claims his ss on behalf of his kids I think they perhaps could collect from those funds since he was already overpaid
Yes, seek legal advice from a Lawyer who specializes in social security cases
Seek a lawyer that specializes in disability. BUT…why are next of kin held for parents bill when they die???
That overpayment might be withheld from his wife’s death benefit and children’s survivor benefit.
They can’t go after her. They probably would not succeed in getting it from him. They send out lots of this stuff and then when it is opposed they find that it was incorrect.
I’m going to disable myself.