http://www.socialsecurity.gov/OP_Home/handbook/handbook.19/handbook-1906.htmlWhat 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?
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.http://www.socialsecurity.gov/OP_Home/handbook/handbook.19/handbook-1906.html
What is the Soc. Security or estate position with your Dad?
I have seen posted on the board here where SSA was requiring sibling(s) to repay a parent's overpayment.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.
It was Soc. Security no estate they lived to together until the and and they overpaid her and said it was there fault but my dad still has to pay seems unfairhttp://www.socialsecurity.gov/OP_Home/handbook/handbook.19/handbook-1906.html
What is the Soc. Security or estate position with your Dad?
Had he not spent the overpayment, it would be there to be recouped.
So, wait...I thought you said your mom was being overpaid??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.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
Welcome , for that amount it wouldn't have hurt to fill out waiver request though ,if it would have caused a hardship.I got it taken care just paid it only 3300.00 ty all thought it was much more