Social Security debt transferring from deceased mother to disabled adult child

[Amily]

I would like to know if this is legal or whether Social Security has been dishonest and I need to advise this young man's caregiver to consult a lawyer on his behalf.

This disabled adult child's mother passed away from terminal illness earlier this year. He has been disabled since childhood, has a grade school education, and no work history, and was under the care of his mother until she passed away. He has been receiving SSDI benefits under the mother's work account for several years. Social Security is now saying that the mother was overpaid $10K but because she has passed away, the debt now belongs to the son.

The son will be collecting benefits under his father's account once his father retires next year, but Social Security says they will still collect the debt from the father's work record (father and mother divorced) once the son is under him, because the debt has transferred from the mother to the son. They are saying the debt now belongs to the disabled son.

The mother put in a reconsideration/appeal for the overpayment for both her and the son before she died, but after she died, social security has apparently denied both appeals.

To be very clear: This debt is the mother's overpayment, NOT the son's overpayment. His "overpayment" for the time his mother was "not eligible" was less than $2000 and is already paid off.

Is this even legal?

 

[Proserpina]

I would like to know if this is legal or whether Social Security has been dishonest and I need to advise this young man's caregiver to consult a lawyer on his behalf.

This disabled adult child's mother passed away from terminal illness earlier this year. He has been disabled since childhood, has a grade school education, and no work history, and was under the care of his mother until she passed away. He has been receiving SSDI benefits under the mother's work account for several years. Social Security is now saying that the mother was overpaid $10K but because she has passed away, the debt now belongs to the son.

The son will be collecting benefits under his father's account once his father retires next year, but Social Security says they will still collect the debt from the father's work record (father and mother divorced) once the son is under him, because the debt has transferred from the mother to the son. They are saying the debt now belongs to the disabled son.

The mother put in a reconsideration/appeal for the overpayment for both her and the son before she died, but after she died, social security has apparently denied both appeals.

To be very clear: This debt is the mother's overpayment, NOT the son's overpayment. His "overpayment" for the time his mother was "not eligible" was less than $2000 and is already paid off.

Is this even legal?

The problem is that he was a beneficiary under Mom's "account". Yes, he can be made responsible for the repayment. The bolded and underlined portion is the relevant part.

Who may have to pay back an overpayment?


The individual who receives the disability benefit
The individual’s spouse
Others receiving benefits on the individual’s earnings record
The estate of the individual or spouse if they are deceased
An alien’s sponsor (SSI only) and
A representative payee. (A representative payee is a person who receives the disabled person’s benefits if he/she is unable to manage money on their own. For example, a parent is the “rep payee” of their minor child).

How far is he in the appeals process?

 

[Amily]

The problem is that he was a beneficiary under Mom's "account". Yes, he can be made responsible for the repayment. The bolded and underlined portion is the relevant part.



How far is he in the appeals process?

I think the appeal has already been decided/completed/denied. He himself never appealed; he is unable to. His mother sent in an appeal for both him and her before she passed away. A letter was recently received stating that his full benefits will be deducted starting next month and the deduction will continue for a year and a half.

 

[Proserpina]

I think the appeal has already been decided/completed/denied. He himself never appealed; he is unable to. His mother sent in an appeal for both him and her before she passed away. A letter was recently received stating that his full benefits will be deducted starting next month and the deduction will continue for a year and a half.

He really needs to read the paperwork fully; even if the first appeal is denied, that's certainly not the last chance. There should be information about how long he has to appeal, too.

 

[Amily]

He really needs to read the paperwork fully; even if the first appeal is denied, that's certainly not the last chance. There should be information about how long he has to appeal, too.

What paperwork is this? I will have to advise his caregiver. He is unable to represent himself as he is unable to understand the paperwork.

 

[Proserpina]

What paperwork is this? I will have to advise his caregiver. He is unable to represent himself as he is unable to understand the paperwork.

His rep payee needs to really look at the correspondence from SSA. There will be instructions on how and when you can appeal the decision.

Do you have any idea what Mom sent, when she appealed? What evidence or reasoning?

 

[BL]

If need be the caregiver should gather all the documents received if any, and regardless take the recipient to the local SSA office to go over this and see if any other options are available to him.

As for a supervisor if need be.

 

[Ladyback1]

I think the appeal has already been decided/completed/denied. He himself never appealed; he is unable to. His mother sent in an appeal for both him and her before she passed away. A letter was recently received stating that his full benefits will be deducted starting next month and the deduction will continue for a year and a half.

If the appeal/reconsideration was denied, it can be taken to the next level which is an Administrative Law Judge (ALJ) review. The time limit to file an appeal is usually 60 days. All the information should be on the letter/paperwork received from SSA.

Given that the recipient is not competent, I would strongly suggest at least consulting with an attorney who specializes in Social Security law.