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Thread: SSI Overpayment

  1. #1
    whizmt78 is offline Junior Member
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    SSI Overpayment

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

    My daughter received notice that her resources are over the 2000 limit. We have a joint checking account and I told them that all of the money is not hers. They are requesting repayment. She cannot afford to pay back the money. I am her payee representative so they are saying that I have to pay it back. Anyone been through similar situation??
  2. #2
    Onderzoek is offline Member
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    [url]https://secure.ssa.gov/apps10/poms.nsf/lnx/0501140205[/url]

    SSI presumes all the money in a joint bank account belongs to the SSI recipient. It is up to you to prove otherwise by identifying deposits and withdrawals and removing her name from your account, completing the appropriate form and supplying all of this to SSA..

    If she is incapable of handling her own money, why are you putting her name on your bank account anyway? SSI won't even let her manage $674 but you let her have full access to however much money you have? Doesn't make sense. And since there is a $2000 resource limit, how could SSI figure out how much money is hers since you have mingled it. How do you figure it out? She may be your daughter, but she is not your spouse and you have to keep her money separate while she is on a public assistance program. Her benefits are not just an amount you can add to the household coffers. You have to be able to account for how you spend her money and you can't validly do that if you don't keep her money separate.

    Take the action above, file a request for reconsideration. If the reconsideration goes against you, request a waiver of the overpayment. Keep copies of all documents you submit; keep track of the dates and employees you speak with. Best to do it in person with a claims rep. You may have to spend a bit of time waiting to speak to one in your local office.
    Last edited by Onderzoek; 11-03-2010 at 08:33 PM.
  3. #3
    BL
    BL is offline Senior Member
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    Remove her from your bank account and open up a separate account ( direct deposit ) for your daughter's benefits .

    It will be in your name ( for her ).

    Then go to your local SSA office with ALL your proofs between hers and your deposits/withdrawals ( with a copy of bank statements )and ask them to straighten this out .

    Also take proof of the new bank account informations.
  4. #4
    whizmt78 is offline Junior Member
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    Thanks for the replies. I guess when my daughter started receiving SSI she had a checking account that had my name on it too so I just used it. No one from SSA instructed me to open up a separate account. I have a spreadsheet that shows how much of the money is hers and how much is mine for the living expenses she owes me. I sent this in with a waiver but they still say we owe the money back. I have not filled out the joint checking account form where you have to show how much belongs to who. I will fill that out and submit it. The SSA employee I met with was very sarcastic and demeaning to me. She did not even want to hear my point of view. She only uses her debit card at work to pay for her lunch. I just opened up a payee representative account and transferred my portion of the money to my personal checking account. My daughter has Down Syndrome and has a hard time with money. I don't fear that she would be able to access the money.
  5. #5
    myaccount is offline Junior Member
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    Responsibilities of representative payees

    Quote Originally Posted by whizmt78 View Post
    Thanks for the replies. I guess when my daughter started receiving SSI she had a checking account that had my name on it too so I just used it. No one from SSA instructed me to open up a separate account.
    When you became the payee for your daughter's SSI benefits, you would have received SSA Publication No. 05-10076, "A Guide For Representative Payees", which says very clearly:

    "Do not mix the beneficiary’s funds with your own or other funds ... Any account title (under state law) that shows beneficiary ownership of the account with you as fiduciary is acceptable. Do not use joint accounts."

    [URL=http://www.ssa.gov/pubs/10076.html]A Guide For Representative Payees[/URL]

    I'm sympathetic to the pickle that you're in, but you can't say you weren't told.

    Good luck getting this resolved.
  6. #6
    BL
    BL is offline Senior Member
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    The payee pub also states :

    Changes to report

    One being - •The beneficiary dies.


    If the beneficiary dies

    If the beneficiary dies, any saved benefits belong to his or her estate. They must be given to the legal representative of the estate or otherwise handled according to state law. If you need information about state law, contact the probate court or an attorney.

    When a person who receives Social Security benefits dies, no check is payable for the month of death, even if he or she dies on the last day of the month. Any check received for the month of death or later must be returned. An SSI check, however, is payable for the month of death. But you must return any SSI checks that come after the month of death
  7. #7
    resolvingmatter is offline Junior Member
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    Does a representative payee owe an overpayment balance after an SSI recipient dies?

    Quote Originally Posted by BL View Post
    The payee pub also states :

    Changes to report

    One being - •The beneficiary dies.


    If the beneficiary dies

    If the beneficiary dies, any saved benefits belong to his or her estate. They must be given to the legal representative of the estate or otherwise handled according to state law. If you need information about state law, contact the probate court or an attorney.

    When a person who receives Social Security benefits dies, no check is payable for the month of death, even if he or she dies on the last day of the month. Any check received for the month of death or later must be returned. An SSI check, however, is payable for the month of death. But you must return any SSI checks that come after the month of death

    Trying to determine if I owe an old balance on an overpayment that we were making payments on prior to her death. Still owed about $1500.
  8. #8
    TheGeekess is offline Senior Member
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    Quote Originally Posted by resolvingmatter View Post
    Trying to determine if I owe an old balance on an overpayment that we were making payments on prior to her death. Still owed about $1500.
    If you have a question, please don't necropost to an old thread. Start your own thread.

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