SSI dependent overpayment and notice of garnishment.

[oatmeal8]

Texas. Want to prepare Waiver request and Overpayment Appeal. Looking for relevant cases which argue "without fault", "against equity and good conscience","Defeat Purpose of the Act", "blameless in creation of overpayment". Will requests within 30 days stop the taking of overpayment out of my payroll? If denial of Waiver, is Petition for Reconsideration the appropriate remedy?, anyother assistance and information you would care to provide. Thank you for your attention to this request.

 

[quincy]

... Want to prepare Waiver request and Overpayment Appeal. Looking for relevant cases which argue "without fault", "against equity and good conscience","Defeat Purpose of the Act", "blameless in creation of overpayment". Will requests within 30 days stop the taking of overpayment out of my payroll? If denial of Waiver, is Petition for Reconsideration the appropriate remedy?, anyother assistance and information you would care to provide. Thank you for your attention to this request.

The FreeAdvice forum members cannot help you draft a waiver. That falls outside the scope of this site.For that, you will want to find an attorney in your area.

Wait for others to stop by to address the rest.

 

[FlyingRon]

What payroll? Do you mean the withholding from the SSI payments? If you file your appeal or the waiever within ten days of getting the overpayment notice, yes, it should postpone the withholding.

The question is whether you intend to argue that you weren't overwithheld or if you're just requesting the good faith waiver.

In the first case, you explain why their determination is in error, fill out the SSA-561.
In the second, you pretty are driven by the info in the SSA-632. That's the first (and most important) thing they use for the evaluation.z
If you can't win with that, you can also request a throttling of the rate at which they recoup the overpayment (SSA-634).

Understand there's no amount of legalese or elequent prose writing that will sway them. In fact, they may not even read it. The forms are what they make their determinations on.