New Iberia, LA asked in Tax Law and Social Security for Louisiana

Q: In 2015 my son was on S/S through my retirement. On 12/10/2015 he turned 18 and was enrolled in high school 12th grade.

They sent me a letter asking if he was still in school his benefits would be paid up to his graduation date. Which I did and they did. After graduation my son went to work. Imagine that. Now the good part. SSA wants him to pay the three months of S/S he received in 2016 cause he went to work and made more than he was allowed to make according to their pay program. I feel this isn't right if they would have said that up front I would never agreed to that. Now, they want $5000.00+ and the IRS wants $1700.00. Because of all this and I think Its all the SSA fault It's just not fair. He's working trying to make it, living on his own and then gets hit with this garbage. If he were a loser trying to beat the system I could understand. He's not doing that He's working paying his way. I feel they are truly wrong.....We need help and can't afford to hire an attorney

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1 Lawyer Answer
Douglas Lee Bryan
Douglas Lee Bryan
  • Social Security Disability Lawyer
  • Marksville, LA
  • Licensed in Louisiana

A: The SSA allows you to ask for them to forgive an overpayment IF (1) the overpayment is not your fault and (2) making you reimburse the overpayment would create a financial hardship. They are generally fair at granting this relief from my experience. Your son needs to contact the office listed on the letter he received ASAP to request this relief. He has a strict deadline within which he has to make his request. Good luck.

Linda Simmons Campbell agrees with this answer

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