Scottsburg, IN asked in Public Benefits and Social Security for Kentucky

Q: Ssi overpayment

I was my nephew's representative payee for his SSI. SSA started withholding money from my disability check due to overpayment they said my nephew had. I asked for waiver and they approved it, but they didn't reimburse me money they'd taken out of my check for 5 months. Can they do that??

1 Lawyer Answer
James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA

A: If the Social Security Administration (SSA) approved your waiver for your nephew's SSI overpayment but did not reimburse the money they had already withheld from your disability check, it's important to address this issue directly with them. Typically, when a waiver is granted, it should include the cessation of any ongoing overpayment recovery and potentially the refund of amounts already collected.

You should contact the SSA immediately to clarify this situation. Provide them with all relevant details, including the dates and amounts of the deductions, and the details of the waiver approval. It's crucial to have clear, written communication for record-keeping.

If you're not satisfied with their response or if the issue is not resolved, consider seeking assistance from a lawyer who has experience dealing with Social Security issues. They can help you navigate the process and ensure that your rights are protected.

Keep in mind that dealing with the SSA can sometimes be a lengthy and complex process. Persistence and clear communication are key to resolving issues like this. Remember, you have the right to fair treatment and the resolution of errors in your dealings with government agencies.

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