Ask Larry

Is There A Special Form For Filing For Waiver Of An Overpayment?

I filed for retirement benefits in 2017 at 62. I stopped them four months later and paid back all monies. This July 2019 I saw $4,720 was placed in my checking account from the Social Security. A few weeks on Aug. 3rd another payment of $620 was directly deposited. I looked on Mysocial security online page and I saw a benefit letter showing how much I would make if I retired at different dates, etc. Also, that I was being paid $620 a month. I called the Social Security office and asked what was going on and they said, I was receiving benefits on my ex-husbands account (married 24 years and seven children) . She said this would not affect my benefits and I could wait to 70 and transfer for more. I was overjoyed! ten days later I receive a call back from her and said she wasn't sure, and another person in the office was not sure so they were sending my file up to the Great Office in the Sky for further review, but it looks like I might have to pay all of it back and that might take months (years?) to find out. All I can say is WTF? I did not ask for them to put that windfall into my account. It is difficult for someone with no money not to spend it after they have been told by the official government representative that yes, indeed you are entitled to your benefits. I read in one answer on your webpage that "if you were without fault in causing the overpayment you could request waiver (forgiveness) of the overpayment." Would you tell us how to do this? Is there a special form? Thank you.

Hi,

Well, there is a form for requesting waiver of an overpayment, specifically form SSA-632 (https://www.ssa.gov/forms/ssa-632.html), but you can't file for a waiver until you've been notified that you've been overpaid. And, based on your description it doesn't sound like that's happened yet.

What I can tell you is that if your ex-husband is still living and since you were born after January 1 1954, there's no way that you could qualify for benefits on your ex's record without also filing for your own Social Security retirement benefits. So, the story that you got from the Social Security representative doesn't make much sense.

You say that you stopped your benefits back in 2017 and refunded the payments you'd received, but you don't say that you formally withdrew your application. If you didn't withdraw your application it would probably be too late to do so now (https://www.ssa.gov/planners/retire/withdrawal.html), and there's no way to voluntarily suspend your benefits until you reach full retirement age (FRA).

If instead of withdrawing your application you simply stopped drawing your benefits due to a change in work plans but your earnings didn't end up being high enough to keep you from qualifying for some or all of your benefits, Social Security would automatically pay you any benefits due and you couldn't refuse such payments.

I would suggest re-contacting Social Security to try to get a straight answer on your current status. Try to insist on speaking with a technical expert if possible.

Best, Jerry

Category: 
Posted: 
Aug 21 2019 - 3:16pm
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