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SSa has sent me notice that I must repay SSI that I received in 1996.Is there a statute of limitations?

Dover, DE |

I received Survivor benefits after my father's death . I turned 18 in 1996. I got a letter stating I must repay $2500 of "overpayment" that I received in 1996. They apparently continued to send me benefits after I graduated from HS. I continued on to college in Sept. 1996. What are my rights here? Seriously, they want me to pay them $2500 for a mistake they made in 1996?

Attorney Answers 3


  1. Yes, the taxpayers would like to be repaid, and there is no statute of limitations. There is a right to apply for waiver of the overpayment which requires proof that you were not at fault and repaying would be a financial hardship. There could be a fact issue regarding notice of high school graduation if you were required to report it. For a more precise analysis of your rights, consult an experienced Social Security or elder law attorney in your locale.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.


  2. My colleague is correct. There is no statute of limitations.

    if you do not think you were overpaid you can file an appeal. If you acknowledge you were overpaid, you can ask for a waiver. Or you can set up a payment plan. However, those are your options.

    Hope that helps Best of luck to you.

    The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.


  3. The answers that Attorney Sinclair and Attorney Farrell are corrcet. For addiitonal information, please use the following link:

    http://www.socialsecurity.gov/ssi/text-overpay-ussi.htm

    I hope this information was helpful to you and I wish you well.

    Andrew W. Norfleet, Esquire Helping disabled individuals throughout Pennsylvania. awn@norlaflaw.com www.norlaflaw.com DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania and is personal in nature, not professional in nature. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality