Ask Larry

Do We Have To Repay An Incorrect Payment Even If It Was Social Security's Mistake?

My wife went to SS to file for Medicare. When she was there they told her she could collect SS. She told them that she was collecting an Ohio PERS Retirement .She told them that she could not collect. The agent insisted that she could and filed the paper work. She received payment and a year later SS said she could not collect and requested repayment . Is there anything we can do since it was their mistake?

Hi,

If you don't think that the payments your wife received were incorrect you could file an appeal (https://www.ssa.gov/pubs/EN-05-10041.pdf), but if your wife in fact should not have been paid the benefits she received then she would have to repay them unless she qualifies for a waiver. To qualify for a waiver of overpayment you must be 1) without fault in causing the overpayment, and be 2) financially unable to repay the overpayment.

For more information on filing a waiver request, refer to Social Security's website: https://www.ssa.gov/forms/ssa-632.html.

Best, Jerry

Posted: 
Apr 22 2018 - 8:23am
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