Getting a Waiver of a Social Security Disability Overpayment

"My brother was receiving SSDI for four years while working part-time. A year and a half ago, he received a notice for a hearing for over-payment and stopped his payments. After SSDI never scheduling said hearing for months, my brother passed away last April at the age of 34. Now my retired parents have received notice from SSDI requiring payment and all their financial records, including IRA holdings, annuities, etc. so they may determine an amount of repayment (approx. $36,000). The original hearing would have determined minimal to no repayment amount but they refused to schedule the hearing. My parents were not his legal guardians. How is this possible?"

It could only be possible if your parents or a parent was a representative payee for your brother. The representative payee is held accountable for benefits paid. They are responsible for notifying Social Security that the person they represent is working.

I would like to add that your parents can file for a waiver of the overpayment. In order to file a waiver your parents would have to provide their financial information. Financial information is used to determine if the repayment amount can be reduced. If your parents were not your brother's representative payee, they need to contact Social Security.

If your parents go through the waiver process they will be entitled to a hearing as well. An administrative law judge might determine that they owe nothing or a very low repayment amount. I would suggest filing a waiver and going through the process until they get a chance to see a judge.

About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.

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