Ask Larry

How Can I Get My Son's Benefits Reinstated?

I applied for early retirement in 2015, and first check came in October 2015. In November 2015, I began to work full time again and notified the social security office by phone. The person told me that I did not need to be concerned about benefits for the first year and that it could increase my benefit to keep working full time. At no time did they say I would be penalized. In 2016, I began to work again as a massage therapist and within this field the income can vary from day to day, week to week, and month to month. In two months of 2016, I earned half of what I earned for the entire year, Thus the other months were lower in pay. I also reported this after the two months of high earnings. But social security agent I spoke with on the phone said that they could not stop the early retirement benefits until the end of the year. Now I have received a demand to pay a sum of money to social security, which I do not have as my income has been very basic-just meeting basic needs, these past 6 months. The retirement benefits did stop on January, and I am not sure what months they are wanting me to repay.
Unfortunately, my son who is a disabled adult is also affected by this because social security discontinued the benefit from his dad ( retirement) saying mine (retirement benefit was larger) although social security never sent him any benefit based on my early retirement which is now in suspense. Several letters with confusing and conflicting information came to us, and I tried to get help at the Fort Collins office when they did not pay him his dad's benefit in April. Generally, the workers were rude, not helpful, attacking, and even threatening that if I continued to ask questions I would need to leave. Finally, some one there did help and issued a critical payment to my son from his dad's benefit,.

So bottom line, they have now suspended my son's parental retirement benefits which I do not understand and also, the Fort Collins office has refused to issue a letter stating that. I am frightened by this demand of a sum of money which I do not have and which social security wants immediately. How can I get my son's parental benefits re-instated- if social security is saying he is entitled to my benefit "why have they never given him that" and what might they do if they do not receive their immediate money demand. I have contacted legal aide, and I hope they can assist, but it is such a timely matter and I truly am nervous especially since trying to file appeals and such at the office, I was treated with such discourtesy. :Look forward to your reply.

Hi,

Your case sounds much to complicated for me to offer much in the way of meaningful help via this type of forum.

If you were overpaid due to your earnings, you can file for waiver (forgiveness) of the overpayment. In order for the overpayment to be waived, you must be without fault in causing the overpayment, and you would need to establish that you could not meet your necessary living expenses if you were required to repay the overpayment (https://www.ssa.gov/OP_Home/handbook/handbook.19/handbook-1914.html).

With regard to your son, he can only be entitled to benefits on one parent's record at a time. And, if your earnings are high enough (https://www.ssa.gov/planners/retire/whileworking2.html) to result in the suspension of your benefits, they would also cause your son's benefits to be suspended if he is entitled on your record. I can't tell from your description what is appropriate in his case, so hopefully your legal aid representative will be able to help sort this all out. You could also contact the office of one of your congressional representatives for help.

Best, Jerry

Posted: 
May 24 2017 - 7:43am
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