Ask Larry

Is My New Husband Responsible For Repaying My SSDI Overpayment?

Is my new husband responsible for SSDI overpayments, I incurred before marriage. SSDI has been making me pay for over 10 years
( husband's money, I don't work!), when I am STILL SICK. Husband refuses to pay, said it's not his bill, and I am still sick and was approved!
I was approved through a hearing by a judge. Who said it was approved and gave me start date. Approximately 4 months later received denial. Said doctors who told me to apply for ssdi, because I'm ill, all of a sudden said things that were negative about me, in order to deny my claim. Which means they purposely lied on my records in order to deny my claim. How can clerks, over rule a judges decision, in the first place? I'm losing my mind, am still sick, and feel I am purposely being mistreated by the federal government. TY, I would appreciate any help you can offer.

Hi. The only way that your new husband could be held liable for repaying your Social Security overpayment is if he starts collecting Social Security benefits based on your Social Security earnings record. However, if you file for a waiver of your overpayment, your husband's income and assets would almost certainly count when considering whether or not you meet the requirements for waiver (i.e. forgiveness). In order for a Social Security overpayment to be waived, you must a) be without fault in causing the overpayment, and b) you must either be financially unable to repay the overpayment, or recovery of the overpayment would have to be considered unfair to you for a reason specified in the Social Security regulations (https://secure.ssa.gov/apps10/poms.nsf/lnx/0202250150).

I'm confused about what happened with regard to your claim on your claim, though. The only decision makers who can overrule an Administrative Law Judge's (ALJ) determination are the Appeals Council (https://www.ssa.gov/benefits/disability/appeal.html). But, if new information comes to light after the ALJ determination is made, such as the person returning to work and earning too much to qualify, Social Security could ask the ALJ to review the new information to see if it would change the ALJ's initial determination. Or, without overturning the ALJ's determination, Social Security could review a person's case to suspend or terminate their benefits if they return to work or if their medical condition improves.

Either way, though, if your benefits have been terminated then you may want to consider reapplying for disability benefits.

Best, Jerry

Posted: 
Jul 8 2022 - 4:22pm
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.