What is the name of your state (only U.S. law)? Oregon
The SSA in April of 2009 claimed an overpayment that was made in 2005 on my minor son's account. I was collecting disability in 2005 and my son was on my number. The SSA never made a disability payment on my son's account in 2005 and in fact owes him eight back payments. The SSA threatened to take the amount of the non overpayment, $847 from my monthly retirement benefits. I filed a Request for Reconsideration and Waiver in April of 2009, requesting a hearing and examination of SSA files relating to the alleged overpayment. The SSA has not responded to that reconsideration request in three years. Now they are threatening to garnish my son's income tax refund. He is a war veteran having served in Afghanistan in the United States Marines and is now enrolled in college under the G.I. Bill. What do you do when the SSA refuses to honor their own appeal process and denies you due process? Do you file a demand for the underpayment with the SSA or file a District Court law suit against the SSA for the underpayment? Can you by pass the reconsideration hearing and file an appeal with the ALJ since the SSA has ignored the Request for Reconsideration? The SSA claimed six overpayments on my son's account in the period from December of 2003 through December of 2004 and confiscated a significant amount of money from my disability benefits after ignoring an earlier Request for Reconsideration.