Hello about four years ago when i was a minor my father realized he was able to receive Social Security Disability income for his children, and so I (at the time 17 years old ) was given a lump back pay for the years that were missed. Fast forward about a year or two my father and i both received a letter from the government saying that they payed to much to my father, my two other siblings, and myself. My father informed me not to worry about this because he was going to handle the situation and that i only needed to provide my father a few documents and so i did so and never received any information back regarding the stuff we sent in so i thought i was fine. Well fast forward to today i received a letter saying i still needed to pay the over payment they accidental sent me, and while i am able to pay this back now it seems a bit unfair to ask someone to repay money they received when they were a minor especially considering it was the governments fault in the first place. Am I able to waive this payment there asking of me?
You certainly can request waiver of this overpayment, based on your circumstances. Certainly you want to at least request they remove any interest and penalties they may have imposed on the initial amount paid to your father. Attached is a link to SSA's site concerning overpayment issues and requests to waive. https://www.ssa.gov/forms/ssa-632.html
If you are not able to resolve this in a satisfactory manner with SSA, you may wish to retain an attorney to assist you. Pay attention to any and all response times given to you by SSA.
To get a waiver two things have to be true. First, the overpayment must not be your fault. Without knowing the reason SSA gave for the overpayment it would be difficult to determine fault. Regardless, the fact that you were a minor and that the money paid to you was based on your father's disability probably means you weren't at fault. However, even if you weren't at fault, SSA will require you to pay the money back if you can afford to do so. To prove whether or not you can pay the money back you have to complete and submit a waiver form to SSA. You can generally request a waiver at any time.
You can also dispute the overpayment by arguing that there shouldn't have been one at all. However, you must dispute the overpayment within the 60 day appeal deadline provided in the original notice of overpayment.
It can be difficult to find an attorney to help you with an overpyament. Most Social Security attorneys don't handle these types of claims because of Social Security's fee structure. If you do want the help of an attorney you may have to ask several before you find one willing to help.
The information I provide in answers is based on a very limited description of the facts and may change if more or different information is made available. I try my best to give you the best answer to your questions I can based on the information received but you should understand that the information I give you here is more of a place to start than a final answer. You should seek a more thorough consultation whenever possible.
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