Ask Larry

Why Is Social Security Expecting Me To Repay My Mother's Overpayment?

I too have the same problem with Social Security as your 2020 article from overpayment my mother received while drawing worker’s compensation/social security or whatever.

I got the same letter & conversations almost word for word as the single mother & young man in your article.

I got a social security lawyer who helped with all paperwork for Free.

I still lost & now that I’m receiving SSDI. SSA has come after me for repayment from my mother’s overpayment from the 1970’s of almost $3,000.00.

However, my mother is still alive and kicking. Still receiving social security check each month & is 84 years old as of February 2022.

They will Not tell me why they did not or have not contacted my mother since she started receiving her social security at age 62.

I was told that my younger sister will also, in 10-15 years, whenever she starts receiving her social security. Get the same letter from SSA for overpayments as well & for the same amount.

I am at a lose & it’s unbelievable!

Thank you for your time for reading this crap.

Hi. The only way that you'd be liable for your mother's overpayment is if you were were paid child benefits on your mother's account. Even if those benefits were paid to your mother to be used on your behalf, you'd still be primarily liable for any overpayment of your child benefits, and secondarily liable for any overpayment of benefits that your mother or sister received on that account.

Social Security shouldn't come after you for repayment of your mother's overpayment unless and until they've exhausted efforts to collect the overpayment from her. On the other hand, though, if you were overpaid in the form of child benefits then you'd be primarily liable for that overpayment. Your mother would only be secondarily liable for any overpayment of child benefits paid from her account.

You don't specify what type of paperwork a lawyer helped you file. If it was an appeal and if you lost the appeal, then you probably couldn't pursue that avenue again. But, you could file for waiver (i.e. forgiveness) of the overpayment even if you've done that before. However, to be approved for waiver you must establish 2 things. One, that you were without fault in causing the overpayment, and two, either a) you are financially unable to repay the overpayment or b) recovery of the overpayment would be against equity and good conscience (https://secure.ssa.gov/apps10/poms.nsf/lnx/0202250150).

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

Best, Jerry

Posted: 
Mar 10 2022 - 10:04am
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