How to Get a SSI 'Overpayment' Removed

[Quantum`]

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

I was on SSI for several years (PTSD), and when I got a well-paying job notified them immediately. Next thing I knew, I was being audited for the last 12 months of SSI. She said I couldn't have been paying my bills with the income and assets I had. I proved with statements that I'd been living on credit cards, but she found against me, that I'd been "overpaid" SSI. What an angry woman.

I appealed, but unfortunately gave them the only copy of the documents. A couple weeks later my original credit card statements were returned to me by mail with no letter, and the address handwriting was that of my auditing officer. (hmm) I waited and waited for word, and finally after 6 months went back to their office, whereupon I was told there is no appeal and I was now past the appeal period! Naturally my appeal was 'lost' and was never annotated, although my visits to their office were.

I filed another appeal, and the same auditor who decided my case (How can they do that?) turned it down as untimely.

I lost my job after a year and found that Social Security had dinged my credit reports with a $6,700 unpaid debt, taking me down from a score of 804 to 670. Then they garnished my former employer. (good luck with that) Miraculously I'd managed to buy a house with this on my record, but I was charged higher interest. Now I want a HELOC. but higher interest because of this SocSec issue alone.

I read that Washington now has a new law with stricter reporting requirements; three of four identifying items must be correct, or the item must be removed. I suspect though that they give SocSec an opportunity to correct, and even if its removed it could take months for my score to improve. How can I navigate this process to get this unjust black eye off my record? I work in a field of trust, and this sort of problem also impairs my ability to get a job. (THANK you, SocSec, is this what you really want?!) Is there any other way to get this removed?

I have reapplied for SSI for the time being, retroactive to January, but haven't heard anything for 2 months.

 

[Zigner]

Based on what you have said, the debt is valid. If you pay it, it would be marked as paid and, eventually, drop from your credit report.

 

[Quantum`]

I was not overpaid and I never had assets nor income which exceeded the limits. My appeal was trashcanned after it was given to the very auditor who did my audit.

This situation is an intolerable injustice, and I am looking for things I can do about it..

 

[FlyingRon]

Forum shopping isn't going to change the answer.

As long as there is an SSI overpayment recovery against you (and there is), then it will be reported as a (delinquent) debt and affect your credit. No amount of protest will change that with the credit bureaus.

You failed to follow up on your appeal in a timely manner, and it's way too long gone now to dredge up. You can work with the SSI on a repayment plane which will improve things over the long run, but the damage has been done.

 

[Quantum`]

I already know you're an angry person 'FlyingRon'. And I've already asked you to not respond. Your input is never constructive.

 

[Zigner]

I already know you're an angry person 'FlyingRon'. And I've already asked you to not respond. Your input is never constructive.

You can pay an attorney now...Goodbye.

 

[FlyingRon]

I'm glad you didn't use profanity here like you did on the other forum. This forum doesn't tolerate it in the least. I'm not "angry." I'm sorry you're disappointed with the truth and that we can't make something up. THe information is NOT erroneous even if it was a bad decision to begin with. The problem is you stuck your head in the sand rather than dealing with it in a timely basis and it is far to late to deal with it now.

I suggested you try an attorney that specializes in SS/disability law (as I told you I have a very good friend who is in that field and does excellent work, albeit across the country from you) but you'd rather insult me than follow the advice you're given.

 

[FlyingRon]

The waiver of recovery won't remove the past derogatory information, though it will cancel out the debt which will improve things a little bit.

 

[Quantum`]

An appeal on the facts of an overpayment (Form SSA 561) is subject to the 60 day appeal period. However, a request for waiver of recovery (Form SSA 632) of the overpayment can be requested at any time, even after it has been recovered. The final decisionmaker is supposed to be someone in your local office who had no prior substantive involvement in the case, so it should not go back to the same employee. (It kinda sounds like this woman and you do not get along, but I am sure you have a part of that.) But once a written decision is made on the waiver request, if denied, the waiver denial can be appealed within 60 days, eventually to an ALJ.

However, if this SSI OP has already shown up on your credit report, you probably have a long haul of work to do to get it removed. First to submit the request for waiver and get the office to make a written decision. That involves being fiercely proactive without being overly demanding. That generally means it all has to be face to face on SSA's timeline. Which we all know can be very long.

You did apply for SSDI as well as SSI didn't you? Do you now have enough quarters to be insured for SSDI? What is your Date First Insured and your Date Last Insured? And if you don't know what I mean, you need to find out.

I am a retired SSI claims rep, and it sounds like you have a very interesting SSI history; you were determined to have an overpayment because of unstated income. Unstated income is the SSI term for you are spending more money than you tell me that you are getting. It actually sounds like the type of decision I have made myself for other SSI recipients, but I don't think I made this decision because I would have looked at the credit card statements. Going into debt is a way that people pay their bills. I notice that you are also now looking to take a HELOC? Do you see a pattern here? Going into debt to pay your bills again? I think you know that can only be a temporary choice; it is not a good long term strategy.

Anyway, if there is a way to send me a private message and give me more details, specifics like the period of the overpayment, the first day you started work, your first paycheck date, the amount of money you made per month/year at that job, how many years you worked. Copies of your old credit card statements are probably still available, albeit for a price. Unstated income is difficult to prove either way. I think your case would be an interesting use of my various talents. Right now, I am not sure if I am on your side or not, but I know unstated income is best guess. And should you have to pay back an overpayment because of a best guess? As an employee, I would consider your entire record which I can't anymore, but I might be willing to look at your paperwork.

My God, thank you Janke. Positive, forward-moving steps like these are why I came here.

Correct, I didn't qualify for SSDI as there are alot of zeros in my past 10 years. Certain years I'd worked though, enabling me to get this far.