Can Social Security force a person to pay back an over payment of benefits when it appears that they made a mistake in the original benefit calculation 16 years ago? They are demanding payment of nearly $12,000 right now. How does one cut through the bureaucracy to get a legitimate hearing or appeal in such case?

Hi,

There are 2 separate issues involved. One is whether or not the overpayment is correct based on the facts of the case, and the other is whether or not you must repay the overpayment.

I can't tell you whether or not the overpayment is correct, since I don't know all of the facts of your case. However, there is an administrative finality provision that may apply in your case. Generally, Social Security cannot go back and correct an error in benefit rates unless the error is discovered within 4 years, but there are exceptions to this rule. Also, the time limit may depend on the type and cause of the overpayment.

As to the issue of repayment, assuming that the overpayment is correct, that depends on whether or not you qualify for waiver of the overpayment. To have the overpayment waived, or forgiven, the overpaid person must be without fault in causing the overpayment, and they must either be unable to repay it, even in small installments, or recovery of the overpayment must be considered 'against equity and good conscience' (https://secure.ssa.gov/apps10/poms.nsf/lnx/0202250150).

You can file an appeal on the issue of whether or not the overpayment is correct, and/or file a request for waiver of the overpayment. This normally must be done within 60 days of the notice of overpayment. Social Security has an established multi-step appeals process for both of these issues, and you have the option of being represented by an attorney or non-attorney. However, Social Security will not find a representative for you.

Best, Jerry