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  1. #1
    tideisout is offline Junior Member
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    Jan 2005
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    Social Security Statute of Limitations

    What is the Staute of LImiation? Social Security has suddenly asked for repayment of SSD benefits paid to me as Representative Payee of my children. Last benefits paid over five years ago. Benefits were paid for 12 years with no question from SS and all reports filed by me. Now they say they want the money back as someone claims I did not have custody (paperwork is on file somewhere from original appllication showing their agreement that I would be representative payee. Custody was joint.)

    I do not want to wait 18 months for a hearing. Need this behind me.

    Washington State
    Last edited by tideisout; 01-24-2005 at 02:01 PM. Reason: Add State
  2. #2
    tigger22472 is offline Senior Member
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    You say custody was joint but what exactly was the arrangement? My husband has 50/50 custody as is ordered to give his ex 50% of monies received for their daughter for SSD because it is for 'current care' and is something different then child support.
  3. #3
    tideisout is offline Junior Member
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    Social Security Statute of Limitations

    Time with each parent varied year to year, and was not an issue. Divorce decree states defined by seperate parenting plan which at the time called for 208 days/yr with father.

    Mother signed statement for SS saying payment as Rep. Payee were to go to father. Reports were always filed.

    Issue is this. Mother later left area and filed for duplicate benefits. Apparently got caught. After no questions from SS for ten years, five years ago the office where she had filed years before questioned custody. Went away satisfied. Now someone, somewhere, after waiting over five years, brought it up again and wants, in a one paragraph letter, to have all funds returned.

    I want to know what the statute of limitations is. I do not want to wade through their system for something so simple. I am disabled and do not have the energy.
  4. #4
    tigger22472 is offline Senior Member
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    Wow... and I thought our situation with them was hard. My husband's ex went to the SS office last year and had the payee changed to herself. BY LAW, we were told they were supposed to have contacted my husband who was the current payee and that they were to attempt at least 3 times before ANY decision would be made. This did not happen obviously and they simply changed it to her. We spent two days at the office and several phone calls to straighten things up.

    I truly do understand your frustration with having to deal with them because you get several different answers if any at all. We personally wanted to prosecute but they wouldn't even tell us what office she went to other then the fact that it wasn't our 'home' office so there was no way of finding out who did it.. covering their own behinds. They aren't going to give you many answers I'm afraid... SO.. here's my suggestion...

    I would try calling a local attorney for a free consult showing them the decree and all letters from SS. Show that you have/had 50/50 which is what 280 days is. Let the lawyer look everything over and see what can be done. Dealing with the government is going to be a pain but in the very least maybe you can possibly get her prosecuted. However, you may also have to be prepared depending on the judge and her income at the time to return half of that money and she return half as SS considers that for 'current care' when it is paid and if you only have her 50% of the time then technically in the eyes of some judges you are/were only entitled to 50% of monies. Also beware if your ex wife can prove you didn't have the children 50% of the time.

    Has SS told you how much they will deduct from your checks monthly to repay this? There is only a certain percentage that they can do but I'm not sure what that percentage is.
  5. #5
    tideisout is offline Junior Member
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    Social Security Statute

    Thank you for your thoughtful reply. Yes, she did apply in an office in another city. No, they did not contact me. First I knew was two months before my daughters 18thy birthday and they would NOT say who they had changed the payment to. Knowing Mom, I asked her and she admitted to having applied, but not when. Later I learned it had been right after she left town in 1989!, yet no contact from SS.

    When I applied for the children's benefits, SS asked for their mother to sign an agreement that I would be the Aministrative Payee. She did. They have it.

    I do not want to wait 18 months for a hearing. Want to get it resolved. Seems it should be simple.

    I am also tempted to file a law suit against their mother. My children are in their mid twenties now. She knew she was collecting a double benefit. Knew she had signed an agreement that I was the Ad. Payee, and knew that benefits were still being paid.

    Any advice is appreciated. Primarily, I will be happy if this can just be made to go away!

    Thanks.

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