My daughter was getting ssi for a year due to her cleft pallet which caused her to have speech problems and talk funny. Social Security talk to the doctors, her school, and also did an evaluation on my daughter before she received any money. They made the decision to begin her ssi. One year later they are asking for us to pay it back.
Yes, if Social Security determined that you have received an overpayment they can ask for it back. Typically this happens if your income is more than you estimated or your child is no longer deemed "disabled". There is an appeal process available but you have to act quickly. Contact a social security disability attorney in your area and they should be able to assist you.
More information is needed, however, Mr. Bohmer explains the issues well. Unfortunately not many lawyers take such cases so you may need to contact a free legal aid clinic or, if available in your area, a disability law clinic at a local law school.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
If the Social Security Administration is asking for money to be paid back as an overpayment, it is based upon your household income while your daughter was receiving Social Security benefits. I am presuming that your daughter is a minor. SSI takes into account household income when determining eligibility. Your daughter may be medically eligible for disability but economically ineligible due to family resources. You should request a waiver of the overpayment or if SSA maintains that you were overpaid and it can be proven based upon household income, you can try to work out an arrangement were payments are in small monthly amounts.
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