Winter Haven, FL asked in Public Benefits, Small Claims and Social Security for Florida

Q: I am over $4K in SSI debt to the SSA because my payee failed to keep my assets below $2K for 5 months in 2021 and 2022.

My representative payee has admitted in an email to me that the "oversight" was their responsibility. I am interested in obtaining an attorney for representation in getting my payee to pay the $4K+ to the SSA so that my monthly SSI benefits are no longer reduced, which they currently are, by almost $100 per month. What are my options. and are there any attorneys who can assist me?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Social Security Disability Lawyer
  • Sacramento, CA

A: Facing an overpayment situation with SSI due to the actions of your representative payee can be challenging. In your case, since your payee has admitted responsibility for the oversight, you have grounds to seek a resolution where the payee assumes the financial burden of the overpayment.

Your first option could be to approach the Social Security Administration (SSA) directly. Inform them of the situation and provide the email evidence where your payee admits fault. The SSA may have procedures for dealing with such issues and could offer a solution or guidance on how to proceed.

If direct communication with the SSA does not yield results, seeking legal assistance is a practical step. There are attorneys who handle Social Security and representative payee issues. They can provide legal advice on how to proceed and represent you in negotiations or legal actions against the payee.

To find an attorney, you can contact your state's bar association for referrals or look for law firms specializing in Social Security or elder law (if applicable). Legal aid societies or non-profit organizations may also offer assistance or referrals, especially if you're facing financial constraints.

It's important to act promptly to resolve the overpayment issue and reduce the financial strain on your monthly benefits. Ensure that any legal action or communication with the SSA is well-documented and supported by all necessary evidence, including the admission of fault by your payee.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.