I received a letter from Social Security in June 2021 stating they overpaid me $29438.00 and expect to recover this amount, or with take my full benefit starting Sept. They claim I have collected on 2 or more records from the first day I applied ,Feb 2010, for early SSI benefits. I had been married for 23 yrs, my ex spouse and I were both 63 yrs old at the time I applied for early benefits in Feb /2010. I had been divorced from him since 2004 and I had remarried in 2007. the SS representative recommended I collect on my ex spouse as i could receive a higher amount, which is what I did. I submitted all my marriage and divorce papers to SSI rep, I followed him advice and now I am in a nightmare situation. I read an article you wrote regarding Social Security issues and you mention the Pre-Nov 2105 SS Law, I think I seem to fit these requirements to justify why the SS rep advised me to collect benefits on my ex, but I'm not sure. I'm not sure of anything they tell me anymore. Can you help me? what are the laws regarding my situation? Thank you so very much Sincerely Catherine

Hi Catherine. I can't be sure, but it doesn't sound like the 2015 Social Security amendments have anything to do with your problem. The only 2 possibilities for your overpayment that I can think of is that you've either been collecting a full rather than excess divorced spousal benefit in addition to your own benefits, or you were never entitled to divorced spousal benefit in the first place. The only thing that would explain the first of those possibilities is a huge and uncommon mistake by Social Security.

The thing that makes me think it might be the latter of those 2 possibilities is that you mentioned remarrying in 2007. You can't qualify for divorced spousal benefits on the account of an ex-spouse who is still living if you are currently married. So, if your ex-spouse is still living and if you remarried in 2007 and your remarriage is continuing, then you never should have been paid divorced spousal benefits in the first place.

The only way that you can be currently married and be eligible for benefits on the record of a former spouse is if the ex-spouse is deceased and if your current marriage occurred after you reached age 60. So, unless a) your 2007 remarriage ended in death or divorce, or b) if your ex-spouse is deceased and your remarriage occurred on or after your 60th birthday, it sounds like you weren't eligible for divorced spousal benefits.

It sounds like you have 2 options at this point other than repaying the overpayment or having it withheld from your benefits. One, if you think that the facts or amount of the overpayment is incorrect, you can request a reconsideration (https://www.ssa.gov/benefits/disability/appeal.html). Or, if you accept that the overpayment is correct but if you a) weren't at fault in causing the overpayment, AND b) you are either financially unable to repay the overpayment or if recovery of the overpayment would be classified as against equity and good conscience (https://www.ssa.gov/OP_Home/handbook/handbook.19/handbook-1919.html), then you might qualify for waiver (i.e. forgiveness) of the overpayment.

For detailed information on filing for a waiver of your overpayment, refer to the following Social Security website: https://www.ssa.gov/forms/ssa-632.html.

Best, Jerry