May 8, 2018
Dear Mr. Kotlikoff,
PLEASE HELP ME!!!! WANT TO FILE SSA-632-BK - REQUEST FOR WAIVER OF OVERPAYMENT.
I filed for my own SS disability benefits July 24, 2012. Applied for ex spouse SS benefits April 15, 2014 and began receiving monthly benefits of $1749 in Dec. 2014. He had passed away and was on SS disability. Won my SS disability case and received notice of award in April, 2016. Letter stated I was due past due benefits of 86,000. (going back to 2011) Received no information as to when I would be receiving back pay and called SS who told me they had no idea and they could not contact payment center but could send a request, which they did. I began receiving my SS disability of 1610 per month in May, 2016.
A check for $22,355 was deposited in my checking account on Feb. 2, 2017. Received letter from SS stating that I would be receiving a check for $22,355 on Feb. 7, 2017. Started receiving (deposited into my cking acct) reduced monthly SS benefits of $1347 for my SS dis. and $458 for ex spouse on 2/15/17.
I NEVER received any explanation as to why I just started getting reduced benefits or anything about my past due benefits. I called SS SO many times asking for an explanation as to how SS arrived at their numbers. I kept getting letters from SS stating "this is the information you requested" and had NOTHING to do with what I requested. In the end SS took money out of my back pay, because as I later found out I should not have been receiving both payments, although I never knew that. I NEVER received a LETTER OF OVERPAYMENT or any information as to how and why calculations were made. I called and called SS and received no help. I visited my local SS office. I was told by a SS employee that "this is a mess".
I have taken money out of 401K thinking that I would be able to replenish it after receiving the rest of my past due benefits, which I did not receive. I owe the IRS $15,000 and owe $19,000 for major dental work. I helped my daughter out financially, who is a single mom due to death of her husband. I have a disability that causes emotional and mental difficulties. I have read and reread Social Security's Program Operations Manual System (POMS) as well as their handbook. According to their "rules and regulations" I should have received a letter of overpayment.
I can't find anyone to help or advise me. This has been a nightmare. I have read so many of your articles and if you can't help me, no one can.
Thank you do much!!!
Cathy

Hi Cathy,

I can't really offer you much help, but it certainly sounds like you can apply for waiver of your overpayment. As long as your request is filed timely, Social Security should stop any withholding of your benefits until a determination is made on your waiver request. If you didn't receive a notice of overpayment, then Social Security should be willing to extend the time limit for filing your request.

You'll likely have to refund at least any of the overpaid funds which you still have in your possession or had at the time you were informed of the overpayment. In order to file a request for waiver you can contact Social Security for assistance or you could just complete and submit a form SSA-632 (https://www.ssa.gov/forms/ssa-632.html). However, I wouldn't advise just mailing the form in to Social Security if you're concerned about your benefits being withheld to recover the overpayment. You would probably have a better chance of getting any withholding stopped if you deal directly with someone at Social Security. Also, Social Security will want to see proof of your income, assets and expenditures, so you might want to get those together and take them with you if you visit an office.

Best, Jerry