Is there a legal way to protect my savings account when SSA sees that I could pay an overpayment? However, if I do have to give them that money, I will be nearly bankrupt and have to sell my home with no place to go. I do not have enough money to live even in poverty if that money is gone.

Hi,

I'm sorry, but I'm not a lawyer so I'm unable to answer your question. My expertise is limited to Social Security benefits only.

Social Security wouldn't be able to take money from your savings account except to reclaim a direct deposit payment which was paid incorrectly. They could, however, potentially recover an overpayment by withholding payment of your current or future Social Security benefits.

If you've been notified of an overpayment that you feel is incorrect, you could consider filing an appeal (https://www.ssa.gov/pubs/EN-05-10041.pdf). Or, you could file for a waiver (forgiveness) of the overpayment if you believe that you were without fault in causing the overpayment and you are either financially unable to repay the overpayment or recovery of the overpayment would be unfair for a reason specified in the Social Security regulations (https://secure.ssa.gov/apps10/poms.nsf/lnx/0202250150).

Best, Jerry