social security disability payback

What is the name of your state? Texas Ex-wife filed for ss disability in 1993 and recvd then. 2 minor sons received payments monthly sent to the father, with whom they lived with. Father never requested benefits and questioned when received. Social Security informed it was from the boys mother. In May 2001 Social Security informed us that she was no longer eligible and was not eligible for any of the months received. We recvd. checks from July 93 thru October 98. We were informed not eligible until May 2001. Now they say we owe thousands of dollars for this mistake. What is the law on this since we did not ask for the benefits to begin with. Also oldest son filed his income taxes this year and they took his refund to apply to SS debt. How can this happen when he recvd. benefits he was a minor? Please help

Since thousands of dollars are at stake, see a social security/tax attorney.

The only thing you can do is to "Request a Waiver of Repayment" (Form SSA-632-BK) from the Social Security Administration, you can get it off their website. The burdon of proof is on your sons to prove that the payments they received were not their fault, should be simple as they were minors at the time, and second, that paying the money back would be a financial hardship.

Be very careful about the financial hardship part. If he fills this form out showing that he doesn't have enough money to pay his bills, they will want to know where he is getting the money to pay his bills. Based on my previous experience, your best off being as close to ZERO after your bills are paid as possible without going negative.

Sucks but this is the way the SSA works. The reason their are coming after your sons, is because their mother obviously has never paid it back. Talk about paying for the debts of your parents! If they are planning to get married I would suggest they wait unilt this is resolved, otherwise they will include the spouses income to determine if it is a financial hardship.

Incidentally, my wife was was also in this same situation. She was 7 years old at the time her mother got SSD, then they wanted her (my wife) to pay it back 20 YEARS LATER when she was an adult. I fought them without an attorney and WON... I still hate the Social Security Administration and will be happy to offer any additional advice you may need to fight this injustice.

By the way, if you do not fight them it will NEVER go away. If they can't take the tax refund becuase you son sets it up so he doesn't get one, they WILL WAIT until he retires, or is disabled. At which time they will then take that money to pay this "debt" back.

Been there and done that. Trust me I was as floored as you are when I was told about this. Fight them! Unfortunately you have to fight them according to their rules... you have to use their rules to your advantage.

social security

Thanks so much for your input. Once again I see the govt. has it over on us. I can not believe that if they did not apply for this that they get stuck paying it back. I will fight this and I will also need some more help from you. I appreciate your response so much.

Thank you and God Bless

I would suggest that your second step, after first dowloading the "Waiver of Repayment" form is to have your son start to make copies of all his bills for the past two or three months: utilities, grocery, gas for the car, car payment, auto/home insurance, mortgage/rent, doctor/dentist/pharmacy charges, public transportation, everything!

He will also need copies of bank statements, paycheck stubs, things like that too. Like I said, he will have to PROVE to them it is a financial hardship. If he is like most people, when he adds up his bills verses his income, he is going to wonder how he manages to pay his bills! If this is the case, then he should consider not including certain bills... as close to $ZERO$ at the end of the month without going negative seems to be the key. If he has a stack of cash in an account he might want to consider putting it somewhere "out of sight".

Now I know this sounds like a lot, and it is. But just go slow, make the copies, fill out the form (several times if necessary before you send it in), and take it one step at a time. If there is anything good about the SSA is that they do not charge interest or penalties (at this time anyway).

By the way, if you son is approved all that means is that HE doesn't have to pay it back. But expect that this "debt" will be dumped back on your ex-wife for payment. And once SSA blows the dust of her file, they will be in contact with her to repay it then. Don't know if that concerns you or not. As for the tax refund they took, I honestly have no idea if he can get that back if he wins. I was lucky enough to start the process in time to prevent that from happening.

By the way, I'm am not trying to tell you not to talk to an attorney about this, but my experience tells me it is a waste of time. I spoke to about six or seven attorneys about my wife's case. None of them were interested in taking it because they was no money to be made if we won... only the elimination of the debt, which was over $7,000 incidentally. As a matter of fact, one of the attorneys even told me there was NOTHING we could do but pay it back! I discovered the "Waiver" request on my own in my pissed-off, crazy keyboard pounding, search of the SSA website.

Also DO NOT let the SSA talk your son into making payments while they are reviewing the Waiver, no matter how small... even $10 a month. If he does, guess what? This demonstrates that it is not a finacial hardship for him to pay it back... otherwise how could he be paying them? Nice trick, huh?

It is my understanding that while his case is being reviewed, my wife's took five or six months, all collection attempts are temporariliy suspended. Although the only collection SSA does is to "steal" your tax refund, I don't believe they use collection companys of anything like that.

As I'm sure you can tell I have nothing bu the utmost contempt for the SSA. I find it disturbing that the SSA/government could come after the children of a disability recipient to pay back benefits that they determine years/decades later should not have been paid.