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Social Security

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pjcar41

Member
What is the name of your state (only U.S. law)? CA

When my mom died a month ago she owed some back Social Security because at there mistake she was over paid.

Now they want my dad to pay it does he have to?
 


BL

Senior Member
Based on that link it appears that if your mother had an estate (anything that did not pass to your father without probate), or if your dad is claiming benefits on your mother's earnings record, then yes, it would appear that your dad would have to repay the overpayment.
I have seen posted on the board here where SSA was requiring sibling(s) to repay a parent's overpayment.

There is one member that will reply sooner or later to elaberate .

Not sure how much the overpatment is , but there is reconsideration and waiver.

It has to be done timely so read the document sent carefully.
 

pjcar41

Member
Had he not spent the overpayment, it would be there to be recouped.

He never knew he was being overpaid until 3 years later when they sent him a letter the amount that was being paid matched the amount on the letter you get every year that tells you you your payment amount so no way he could have known
 

Ladyback1

Senior Member
He never knew he was being overpaid until 3 years later when they sent him a letter the amount that was being paid matched the amount on the letter you get every year that tells you you your payment amount so no way he could have known
So, wait...I thought you said your mom was being overpaid??
 

OHRoadwarrior

Senior Member
He never knew he was being overpaid until 3 years later when they sent him a letter the amount that was being paid matched the amount on the letter you get every year that tells you you your payment amount so no way he could have known
That is a little different. I thought you were talking about a one month overpayment due to a death reporting delay. Did she have an estate? Is he collecting off her record? Refer to the link provided by BL.
 

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