Social Security Horror Stories
Social Security does great good and great harm. If you have been victimized, here's a way to inform Congress and Social Security's Trustees. This posting is joint with Terry Savage.
Introduction
Renowned financial author and journalist, Terry Savage, and I have heard enough Social Security horror stories. We’re mad as hell that our government is financially terrorizing what could be tens to hundreds of thousands of Americans based on its own mistakes. We’ve decided to start a list of horror stories. When the list reaches one hundred cases, we’ll send it to every member of Congress, top officials in the Administration and Social Security, Social Security’s Trustees, and every financial journalist we know. Will our bureaucrats fix these outrages? Let’s hope. In the meantime, reading these horror stories will help keep you safe.
If you have been victimized by Social Security’s mistakes, bad/wrong/misleading advice, or you’ve simply been told you could do something you couldn’t or couldn’t do something you could, please email Terry your story in 350 words at https://www.terrysavage.com/askterry. If it’s horrific enough, we’ll post it here.
Social Security — the Most Complex Set of Rules Bureaucrats Anywhere Have Ever Devised
Social Security has just 13 benefits, but 2728 rules in its Handbook governing those benefits and hundreds of thousands of rules in its Program Operating Manual governing the 2728 rules. These rules upon rules are immensely complex. No one without years of familiarity with the system’s terminology/language can begin to understand what’s really being stated. This goes for almost all Social Security staff. For the most part, the staff is extremely well meaning, but they are undertrained, overworked, and underpaid. Consequently, a large share, perhaps half, of their answers are either wrong, incomplete, or misleading. Social Security’s website and benefit calculators can also be wrong, incomplete, or misleading. As for benefit calculations, many are done by hand rather than computer and those done by computer are often based on incorrect staff inputs or earnings, pensions, and retirement account information sent late or not at all by the IRS and state governments that prevent their workers from participating in Social Security.
Social Security’s Motto: “Our Mistakes Are Your Mistakes”
Social Security’s steadfast rule is Our Mistakes Are Your Mistakes. Unless you have proof you were misled by their staff in filing for benefits, any Social Security overpayments or underpayments are your responsibility. Consequently, an unknown number of Americans, conceivably in the tens to hundreds of thousands, are receiving clawback letters each year demanding they return benefits received in the past due to Social Security overpayments. And large numbers may be receiving lower benefits for years because Social Security has mistakenly underpaid them. Unless you discover such underpayments on your own, you’ll likely never learn you have been defrauded, however innocently of what’s yours. Moreover, unless you check your benefit amount is accurate, you and the other 70 million current Social Security beneficiaries must live in fear of having past benefits received clawed back.
There are two very inexpensive ways to avoid being victimized by Social Security. Read my co-authored (with acclaimed personal finance journalist, Phil Moeller, and PBS NewsHour’s Paul Solman) New York Times best seller, Get What’s Yours — the Secrets to Maxing Out Your Social Security. In addition, run my software company’s tool: Maximize My Social Security. And, if you search my columns at kotlikoff.net and larrykotlikoff.substack.com, you will find a trove of stories about Social Security’s mistakes and malfeasance, including those reported and never corrected by its own Inspector General.
Social Security Horror Stories — Testimonials
D. B. — $88,000 Claw Back
Dear Larry, According to Social Security I owe them $88 thousand dollars because I was never entitled to Widowers SS. I followed everything that they needed from me. Always sent them all documents they wanted and now they tell me I was not entitled I never would have retired from my job if that was the case. I have asked everyone and no one has heard of such a thing. With COVID this has been going on for almost 2 years. Now they are sending me a letter they want this money. I filed many appeals and tried to see someone but no response! I really need help. I don’t want to loose my house. recently had a heart attack with triple by pass so it’s been a struggle!! Please help! Thank You, Diane O’Brien
Comment: Social Security is clawing back widows benefits from Diane that they overpaid because she worked in non-covered employment for the State of Illinois. (In a local school system.) Social Security staff failed to incorporate the Government Pension Offset provision. This happened when she was 67 upon her husband’s death. The extra income led Diane to retire. She would otherwise have continued working. Four years later and a month after experiencing a heart attach, Diane received her clawback letter.
F. M. — $36,652 Claw Back
Upon reaching full retirement age, my husband, Don, filed for and suspended his retirement benefit. He did this over the phone. When I reached full retirement age, I filed in person, with Don by my side, for just my spousal benefit. We went to the Cambridge, MA office. I specified that I would wait till 70 to collect my retirement benefit. The Social Security agent indicated she knew the law I was referencing and there would be no problem. When Don turned 70, he filled for his retirement benefit.
In June 2022, I received a letter from Social Security stating I owed $36,652 and they wanted a check for that amount within 30 days. Letter had numerous incorrect data; stated Don just suspended, stated he wasn’t 70. It also stated he wasn’t collecting, all untrue at that point. The letter said if any of this was incorrect that I would continue to collect.
I immediately went in person to the Cambridge office. The office said that they had no one on site capable of dealing with the complexity of this issue and that my only choice was to appeal on paper. So that day at the Cambridge site, I filed a written appeal. I did not receive my payment in July, but did receive my (last) payment, as it turned out, in August. I have received no payments since then. I received no response to my written appeal. In September of 2022 I called the National 800 number that was on the letter and was told by the representative that she could tell my appeal had been received and assigned to someone. She said that she would send the equivalent of an email to this person to get in touch with me. I never heard from that person who is supposedly handling my appeal.
In November 2022, I called but was on hold for over an hour and couldn’t wait any longer due to needing to get back to work. In January 2023, I again called and, after a long wait, the representative, Greg, said he could see that nothing was being done on my appeal. He said he could not transfer my call to his supervisor because he was working from home. He recommended that I call the local office number which he gave me. I then called the local SS office number and ultimately was transferred to a supervisor.
The supervisor, Kathleen Sptivaletta (888-527-9340 x-11251) told me that my appeal had been sent to a center in New York and still had not been handled. In her opinion I had filed after the law was changed by Congress in 2015. I of course had no idea that such a change had occurred even though I and my husband are avid news watchers and readers. She said it appeared that they were clawing-back the $36,652 that they had paid me over a three year period. She said when I apply for my full benefits at age 70, I will not receive any benefits until the money they had paid me would be clawed-back. That would be a few years of clawback. It is now February 2022. I still have received no response in writing to my appeal.
Comment: The ability to file and suspend to let your spouse collect just their full retirement benefit upon reaching full retirement age ended with the 2015 Social Security amendments. But Fredda was born before January 1, 1954. Hence, she was grandfathered. Yet the grandfathering didn’t permt her to collect just her spousal benefit if Don’s retirement benefit was in suspension. The Social Security agent who filed and immediately suspended Don should have known this and told him that Fredda wouldn’t be able to collect just her spousal benefit until he restarted his retirement benefit. Social Security’s second mistake was letting Fredda file just for her spousal benefit knowing that Don’s retirement benefit was in suspension. Had Social Security or Fredda and Don run our $39 Maximize My Social Security, these mistakes would never have happended.
This may sound like no big deal. But receiving money you think is yours, spending it, and then being told you need to repay can lead to decisions you’d not otherwise make and leave you materially impaired. Diane O’Brien (see above) was induced to retire early because of Social Security’s apparent failure to apply the Government Pension Offset provision. And Fredda and Don were induced to spend $36K they didn’t have. This represents outrageous government malfeasance. Social Security staff are so poorly trained that they are making these types of mistakes on a routine basis. Consequently, every Social Security recipient should check with my company’s software that they are receiving the correct amount.
T. Williams — $? Claw Back
I hope I'm starting off correctly! FINALLY someone wants to hear, and possibly help, with my horror story about overpayment (I've come to detest this word!) by Social Security. I am a 62yr old grmom, widow for almost 2 yrs, and raising our 2 grkids who we adopted in 2011. They are now 15 and 17. I get disability, since 2018, and widows benefits. Kids get survivors benefits. My husband made very good money, working on power plants, insulation and sheet metal work during shut downs. But he fell in 2003, imploding his spinal cord. Was told he'd never walk again but him being the man he was he was taking baby steps his 3rd day! After a stay in hospital then rehabilitation he applied for disability. In meantime, he began getting his workers compensation. Got approved for disability so was getting paid from both. Things rocked on normally for years until somewhere about 2015 or 2016 (forgive me, my memory not what it use to be). He received the letter stating he has been overpaid by social security. He made several calls to find out what the hell only to be given run around. Finally someone told him computer error, forget about it. So we did. Whew! Then he was diagnosed with esophageal cancer. Had surgery. Couldn't get it. He passed away April 2021. At some point I applied for our survivors benefits and approved. Then it started again, letters about overpayments to kids. For what? Up until last week nobody would answer that. She said he never told about his workers comp so his disability wasn't figured with offset. We'll be damn sure did! We took even more than was necessary papers and forms and info when he has his interview. They sent me form to fill out for a waiver so no money be held out yet... YET. It got denied. But a couple or 3 months went by and I didn't hear anything. Then another letter stating the next month they would be holding both kids checks... ALL of it! And they did! Each one off their checks is more than my 2 lil checks together. It sunk me. I had just gotten my credit cleaned up, credit score was almost excellent, some money saved, and yes we lived well. I ended up having to let my credit cards go to collections, some judgements. Funny how these cards had a $350 spending limit but as of last month each one totals over $1,000 due to interest and Kate payments!! Makes my stomach turn. I got behind on everything. Going to food pantries (thank God for them). But I did it. We made it and still had our home (which got paid off in Jan!!) And our vehicles and food on the table. Then it happened again. March 3 I checked bank.. this is our payday. Nope. Just my checks deposited, not kids. I called them. On hold for an hour only to have the person who answered tell me I called the wrong SS # and she hung up. Called other #, after 20min on hold this lady told me there's nothing she can do. The overpayment happened and they will hold kids checks 2 months a year. I told her I had set up payments a couple weeks ago. (Forgot to mention that call!
She said I did not. It's not in computer. Well I damn sure did, $360 each kid every month. No ma'am, whole check, each. Said last papers I sent back with my receipts and spending showed that I'm not strapped. My bills aren't that much. I was shocked. But but my lip cuz after all she has our future in her hands. Now I'm facing insurance lapsing, electric ($647!!) being shut off, have a car in the shop that I can't fix now, and don't have any pennies to pinch. During all this, not only did I lose my hubby but my dad also passed away. My daughter got into some legal trouble, I was sunk in depression causing me to procrastinate to a fault. I had a heart attack. And now can't afford the gas to go to cardiologist for check up. Horror story? I think so... I can't believe with the way prices are sky rocketing, SS 5hjnks it's ok to withhold ALL of their monies! How is this legal? I don't mind paying back if they prove I (kids) really owe it but they haven't don't that. I have to figure out something and fast! My apologies if this was too long!!
T.F. — $36,668 Clawback
Terry, my wife was collecting disability payments a few years ago after major surgery for bone cancer. After my wife recovered some mobility, she went back to work and we notified SSA that she was again working. They continued to send checks that we cashed and used. After another period of time, we got a letter saying we owed $37,000 in payments. We consulted lawyers and filed an appeal, but were told even if we told them she was working, we didn't have a case. Under threat of not getting her benefits, we have been paying back the money but still have $27,000 left. It is a travesty. Thanks for anything you can do.
K.M. — $29,000 Clawback
Hello. My husband passed away at the age of 48 on 2/16/2014. At the time I had 2 dependents. I was notified that they overpaid my youngest by 29k. I fought for over 3 years to get this reversed since I was very thorough on sending back all the necessary paperwork. But it was to no avail. I have been slowly paying them back 10 dollars a month since they said pay what you can afford. I would love for anyone to look at my case, for in my grieving process to find out I still owe Social Security so much, it was a lot to endure.
M.L. — ? Clawback
I received a letter few months ago regarding overpayment. I am receiving a pension from the county and Social security from my deceased husband. I haven't receive any money from my husband social security for the last 6 months. I was told that I owe them so they are not sending my monthly check until they collected what I owe who knows till when.I was calling them and giving me different answers . I don't really understand how this things happened . I hope you can help us regarding this matter
D.A. — $37,000 Clawback
The ssa request overpayment for over $37,000. I never had problems and since I get monthly payment and I have never have any problems and I had never have any error. Do you think I have to pay through ssa overpayment?
A.T. — A Happy Ending to a Horror Story
Your recent article stated you and Kotlikoff are working together to gather info on SS incompetence. I have a detailed packet of my experience that I would like to send to him. My situation was finally resolved after ongoing intervention from Sen. Blumenthal’s office. Kotlikoff might like to know that I referenced his book in a letter to the SS administration when I began my vigilant journey to resolution!
L.S. — $4,333.50 Clawback
I read your article today and I felt you were writing about me (changing the numbers) same story...I am so frustrated I contacted Brad Schneider's office and have spoken numerous times to his representative. The manager at SS is not responding to them either. This is what I wrote to the representative at Congressman Schneider's office. I received a notice from Social Security on 12/1/22 stating that my monthly benefit changed from $163.80 on November 2021. The letter then stated "that my monthly benefit was raised to $173.50 beginning December 2021 due to COLA increase. The letter then stated that my monthly benefit changed to $174.60 and the prior amount was incorrect. Then, the letter stated that my monthly benefit will be raised to $189.70 beginning December 2022 due to COLA increase. The next line said that they cannot pay my regular benefit at this time. They are withholding all of my monthly benefits beginning December 2022 to recover an overpayment and past due medical insurance premiums. They used $6.30 of my benefits to recover all of an overpayment on this record." They then stated that I will receive $67.10 for June 2023 around July 26, 2023." When I called Social Security they said they don't understand the letter at all. As she looked further, she said I owe them $3343.90 for an overpayment that was made. When I questioned her...she had no idea. I went into the Social Security office in Mt. Prospect...4 1/2 hours later I spoke to Dabala and she requested a breakdown for me. When I looked at my SS account online wile talking to her...My overpayment was changed to $4333.50. When I stated my concern, she said there was no one else I could speak to, she would request a breakdown....and hopefully I will hear back within 30 days. She gave me an appointment for January 9th and when I received the confirmation they said it was a phone appointment. I'm a little concerned that I will still not have any answers by then. She told me my premium for December will be $238.10 and I have a monthly benefit of $189.70...I haven't received any notice yet of what I owe. but I am also concerned that this needs to be paid in December. I would like a breakdown of where they got these numbers from and what I really owe. (I never received any correspondence stating that I owe this amount). " As of today, March 12, 2023. I have spoken to Ms. Bromley and Ms. Bromley's supervisor, Ewelina Bieganskiat the Mt Prospect SS office. Both said they couldn't figure anything out and they would definitely get back to me. I have paid thousands of dollars to SS because I was worried that this would affect my medicare. If I would have listened to the SS representative, I would have have paid another 4333.50 and been out that money too. I am extremely worried that I will receive another notice from them stating I owe more money when clearly I don't owe anything...that is also what Ms. Bromley and Ms. Bieganskiat told me. ( Since I private paid my SS for several years and received notices that I owed thousands of dollars, last year I had a credit of over 3000.00 that I never received...I also paid an additional amount of 775.00 and 238.00 within the last 6 months...I have records of everything.) I appreciate any advice you can give me. Thank you very much!
L.S. — $80,000 Clawback
Responding to article 3/12 Hattford Courant. Supposedly overpaid $80k disability in late 90's. I continuously sent in required paperwork and SSA kept paying me. Been paying back $50/mth. Now owe $60k.
J.C. — ? Clawback
I got a letter from Social Security stating I owe them money they paid me that I wasn’t suppose to get. I have been getting spousal benefits. When I retired and now on an illinois teacher retirement pension I notified them. They told me to send documentation by fax of my retirement and date. As soon as I got got those documents I sent them. Now I owe them money that I have also paid taxes on. Do you have any recommendation of what to do?
L.C. — Medicare/Social Security Horror Story
I am a retired IL teacher so my Soc. Sec. doesn’t cover my Medicare cost. As such, I’m billed through Soc.Sec. for Medicare part B and pay in full each year but my payment is consistently allocated wrong to part D and then I’m billed as past due, which has happened each year since 2019 despite me calling and noting what is happening. Neither Soc. Sec. or Medicare can make their system work for the correct allocation and I don’t want to wait until I have no coverage or get a past due bill that has snowballed from prior years of accumulation. This year when I called, the representative suggested I return to work until I have enough Soc. Sec. to eliminate the issue.
E.S. — $51,887 Clawback
I didn't know where to turn. In July we received a letter from SS saying we need to refund overpayment of $51,887 within 30 days. My husband had returned to work and every month we faxed his paystubs, called in to report any raises and did everything SS told us to do. He even went into the office to tell them his checks should be stopped as it was coming up to 5 years on disability. They told him they can't do that. Then we get this letter in the mail. It is totally unacceptable. What kind of system is this Social Security. Please help!
J.G. — Clawback $9,000
My disabled daughter stopped receiving her social security disability payments. They had sent a notice to her old address, I had updated her address when she moved into her own place so she never received it. So they cut off her payments. In talking with social security they told me that because of an accounting error on their part which went back to 1998 they were withholding her disability payments until they recouped their $9000. So far they have held over $5000. My daughter has her own townhouse and that money paid her mortgage. She makes about $11,000 a year so between that and her disability she could live independently. I am retired as is my husband, we have two sons who are also disabled. I have been making her mortgage payment. I have filed an appeal but have no way of knowing how long that could take. Thank you for your time.
A.G. — Clawback of Deceased Worker Applied to Widow $19,000
My brother received Social Security disability payments for one year. It was not enough to live on so he went back to work. Social Security did not stop payments. My brother succumbed to poor health and passed away while trying to pay back SS with nominal payments. Now Social Security has passed the remaining $19,000 balance owed to my sister-in-law. She appealed the overpayment 4 times since my brother debt resulting in 4 denials. She survives on only her SS payments with no other assets. SS will now begin deducting $500 monthly until debt is paid!!! How can SS transfer debt to spouse who has no assets? Can an attorney be of any help?
J.C. — Where Are My Spousal Benefits?
I applied for spousal benefits and was approved while I was still working. I called Social Security on 6/1/2021 to report my retirement. I would start receiving pension checks 8/2021 from the Illinois Teachers Retirement System. I was told that I needed to send Social Security an official letter from the Teachers Retirement System stating my retirement information. I called the office of the Teachers Retirement System and I was told my retirement was being processed. The pension processing should be completed by 8/2021. I called the Social Security on 7/27/21 to tell them I still did not receive the documents but that it was being processed. I was told again nothing could be done until they received the documents but when I received it I should fax the documents. On 8/5/2021 I got the documentation from the office of Teachers Retirement System. I faxed the documentation to the number I was given. On 8/9/2021 I called Social Security to see if the fax was received l was told it takes at least 2 weeks to process. I checked my social security account online regularly to see if there were any changes. There weren’t any changes and no indications that my documents were received. On 9/15/2021 I called Social Security. I was told my pension letter was received and scanned into the system on 9/12/2021. I asked, will there be changes? They indicated that there was a possibility I might be still eligible for benefits. The office is backed up. So after reviewing the information I would get a letter describing changes. I did not receive any further communication. It’s now 2/13/23.
J.F. — Clawback $38,000
Good Evening. Your article made me mad and cry at the same time . I now see I was just one of many who had to pay an overpayment to Social Security a few months ago. Apparently, I was overpaid over 38,000 dollars when on disability , while on the Back to work program . I had NO idea I was making to much. I supposedly had an “advocate “, who’s job was to keep me informed on how the program worked. In the end , more then 6 years later , I received a letter . I had 30 days. I appealed. I didn’t understand. I asked for a Wavier …rejected. Reconsideration…rejected. So , at 68 years old , on Regular Social Security now, I was given NO time payment choices. We were told we could use Credit cards , which we did .. 5 of them. But my wife and I soon realized the interest would kill us , so we made a hard decision…take out 38,000 from our 401 retirement savings. Hurt . We became poor in less then 30 minutes. So.. fear of losing our home or other assets, made us make this horrible decision. Lawyers couldn’t help. They were right . I can’t win. Thank You for allowing me this time to write to you. I’ll be 69 soon, so I’ve got that going for me ….I can’t live forever , so that’s good. I feel for the people who lost sleep, got I’ll, had terrible thoughts about the future. Welcome to my world now. God Bless
S.G. — Clawbacks and Extra Taxes $65,000
As short as possible, I was on Disability and tried to go back to work. I called SSA 3 different times to make sure everything I was doing was correct. After 2 years, I ended up not being able to work and went back on Disability. A few years later, during the same exact week, I get a letter from SSA saying they over paid me $30,000 and a letter from IRS saying we owed them taxes and fees on that $30,000 in the amount of $30,000. (That's 100% taxation on SSA's mistake because of the IRS late fees being nearly $20,000). I went to my local congressman for help and in the end they could do nothing except get SSA to admit that I had called 3 different times to make sure I was getting the correct amount. SSA admitted their mistake to me and them. We had to pay the IRS $30,000 while also having SSA withhold my disability until they had their $30,000. It totally broke my family and we have no savings left after that. THEN.... 4 months after having paid everything off and SSA starting my payments back, we get ANOTHER letter stating they overpaid me another $5000. No explanation how they over paid me again in such a short amount of time and it makes no sense what so ever. So they are now withholding even more money that isn't explained. Lastly, they admit that I called and spoke to them about NOT WANTING Medicare since I was getting my works insurance. They still charged me 2 years for Medicare even though they admit I told them I did not want it. They stated that while it was their staff members fault, I should have known I was getting it and I should have called a FOURTH time to ensure everything was done properly. I never once used Medicare and thought I had done correct by calling them 3 times when I started back to work. I fully regret ever trying to work now because it ended up costing me more money then I made and it emptied out our savings. All because SSA made multiple mistakes. Even the Congressman's office felt horrible for me and agreed it wasn't my fault, but they could not do anything. They couldn't even help get fees or interest payments waived since it wasn't my fault. I know nothing can be done for my account but the laws need to be changed. We are punishing the disabled, which are people who can not afford to be punished for other peoples mistakes. Thank you for listening.
G.C. — $2,500 Clawback
I am responding to your article about Social Security Claw backs. You stated to write to you on your blog and you would bundle these horror stories with Social Security, and the person who wrote a book about this would help us. I received a letter from Social Security in September 2022 stating that I owed them $2500 for Medicare payments from 2020 to 2021. My Social Security was frozen, at that time, I was collecting on my husband's social security. Social Security received $104 in 2020 and $107 in 2021. They claim that I owe them for this money when I do not. I went to Social Security in October of 2022, and they had me fill out papers. They said that Social Security never checked my husband's record to see that that were getting the above amounts from him. They said it was their mistake, but Social Security had to fix it. They told me to call them back at the end of the month which I did. When I called, they claimed they had no records of me coming in. I went back again to SS, and they told me the first lady did the wrong paperwork, and they had me fill out an appeal, which I did. I call each month to check on this and they keep telling me that Social Security hasn't looked at it yet. This is going on the 6th month. All they say is that they are too busy and understaffed. Can you please help me get back the $2500 that they took from me again (They took my Social Security money in November and December 2022). They have been paid twice for this! I would appreciate all help that I can received.
T. P. -- $24,436.60 Clawback
DOB 07/04/1949 Retired in 2009 (Middle School Teacher in Oak Lawn) In 2014, at age 65 I went into SS office to apply for benefits (jobs prior to teaching etc.) and started receiving about $350 a month in benefits. Every year the benefit went up a little. For most of 2022 my monthly benefit was $337.00 (after Medicare Part B payment was taken out). I just started Medicare B in September of 2020, when my wife retired from full time employment. In October, 2022 we received a letter stating I owe $24,436.60 as an overpayment. Out of the blue. We asked for an explanation. In November the letter stated the following: "Since we paid you $43,908.70 for October 2014 through October 2022, we paid you $24,436.60 more than you were due. We will pay you a monthly check of $57.00 until we start to collect the overpayment. Please refund this overpayment of $24,430.60 within 30 days." The letter went on to say if we didn't pay it back they will. An appeal was submitted on December 5, 2022 demanding a better explanation. I did not calculate my initial payment - the SS office did . If they made a mistake its on them not me. Since the November letter from the SS office, we have received a couple more letters restating they could not pay benefits but we have yet to receive a response to the appeal. Let me also say that the folks that work at the Woodridge office are very very nice.
R.D. — $33,600 Clawback
IRS reported to SS that my 2020 tax exempt income from muni bonds was $336,000 instead of the correct $33,600. SS now tells me they overpaid me over the past 3 yrs and they are ceasing my monthly SS benefits until they are paid back. I have shown SS documented proof that $33,600 is correct but they refuse to accept it until they hear from IRS. I have met with IRS. They admit the error but say it will take at least several months before the main office can contact SS. Can this be expedited in any way? I am retired and only have a modest income from these muni bonds, IRA, and SS.
A.C. — $475 Clawback
Husband died in August 2020. Social Security deducted $475 in December 2020 from my benefit claiming overpayment. Filed appeal in October 2020 to get details on overpayment calculation. After several phone calls with Social Security since October 2020 promising a response, as of this date there has been no response from Social Security.
L.D. — Victim of Social Security’s Widow(er)s Benefit Scam?
I was downsized at age 64 and began my social security early. Once I turned 66 (full retirement age) I applied for my deceased husband's social security. He died in 2002 at 48 so he was never old enough to apply. I thought I would receive only his at that time, but began receiving his in addition to mine, mine alone is about $1000 per month. Thinking I was wrong about what I was eligible for, how could they make that kind of mistake, I went on with my life. I read the Tribune article this past Sunday and now I wonder if I am in the "widow's scam" category you refer to in the article?
M.H. — $5,000 Child Clawback
My son, who is now 25, has social security after him for a disability claim made by my ex wife 20 years ago. ( he was of course 5 at the time) They claim he must repay the $5000.00 that was paid out to her. They are being aggressive in the pursuit. Is there anything he can do? I was not personally involved.
V.T. — $54,000 Clawback
In 2021 I applied for my social security retirement and was approved for it. In 2022 I received a letter that I owe $54,000 for SSDI but I was receiving social security retirement. So August of 2022 social security took away my social security retirement lumping it with the disability which I have not received since 2020. I submitted all my paperwork which was 11 years. Had an appointment in February and was told that I had to resubmit only from 2018 until present and I had to apply for a social security disability. I'm appealing this because I was already receiving social security retirement. What do you recommend.
C.S. — $7,300 Clawback
I saw in the Chicago Tribune that you are looking for people to send you information regarding having gotten an overpayment demand from SSA. I received one in October of 2022 for almost $7300 with the threat that if I didn’t pay it, all payments would cease. As a retired teacher in Illinois, my own SS benefits from 24 years of working outside education and paying SS are negated due to a windfall law. But, I would still qualify for my husband’s benefits or part of them. When I retired, I sent in all the required paperwork and received a very small benefit, barely enough to cover my Medicare premiums. During the pandemic, the benefits went up from the CoVID relief program. But now, SS says I shouldn’t have gotten those benefits and that they don’t have correct information from my teacher’s’ retirement fund. When I first got that notification, I tried to call SSA. After ten minutes on hold, it would disconnect. I called ten times. So I tried to make an appointment at the local office. Same disconnect. Concerned by the repeated threatening letters, I paid the repayment the end of December. Now, I am getting more threatening letters demanding certified evidence of my teacher pension. I finally got through to the SSA two weeks ago, and the woman I talked to was screaming at me that I have to do what the new letter (actually I’ve gotten two) demands. I still can’t get the to the local office. I paid SS for 24 years. My husband paid for 40. I have a limited teacher pension because I only taught for 25 years. Something just doesn’t seem right here. Any advice or suggestions.
P. J. — $20,000 Clawback
Retired fed law enforcement & spouse has teacher retirement. Received letter asking for info on both pensions. Sent us bill for in excess of $20,000. Their error. Response was tough, they are not responsible for their error. Had to obtain line of credit to pay immediately. Getting killed now with interest rate hikes.
N.C. — $30,000 Clawback
I'm writing on behalf of my mother-in-law Lois. She's the sweetest person you'll ever meet. She was a reading teacher for most of her working years and therefore was not entitled (as we have come to learn) to her deceased husband's social security benefit. At the time of his death in 2017, she went to her local social security office in Bloomingdale, IL and informed the agent of his death. Six months later she started receiving a monthly check which lasted about 18 months. In 2020 she was informed that she owed over $30,000 to social security for benefits she should not have received. She has filed multiple appeals, and to date has not received any communication from ssa that she does not need to repay the funds. Thanks for all you do and hopefully we can get somewhere with these unfortunate issues happening to seniors.
R.J. — $72,343 Clawback
My Name is Jean Rodriguez, email is mygirl23454@gmail.com, and my phone is 757-635-0061. I applied online for Social Security in June, 2014 and was told I’d receive $1,903/mo. Thinking this was high, I asked for a recalculation from our local office and was told it was correct. In June, 2018 they told me it was too high and should have been $422/mo. They wanted the overpayment of $72,343 in 30 days. I appealed but could never get to an administrative hearing. They told me I would get one in October 2019 and restarted my monthly payments, only to stop them again in 2021 because no hearing was held. Then in July 2022 they indicated they would send additional information regarding a hearing, but it never came. They are still garnishing my benefit, which now includes my spousal benefit on my husband’s monthly benefit. To date I have repaid approx. $21,800. The frustrating part of this is that they twice told me the original $1,903 was correct, and I accepted the benefit based on their confirmation. Now I won’t receive a benefit until I’m 76. Thank you for anything you can do!
R.J. — $27,000 Clawback
I'm one of many being told I've got an overpayment from the Social Security administration. It's stemming from the time frame talked about in your article. This was when Covid-19 was at its height. Now their demanding I return some 27,000 dollars to them and I'm at a loss as to why? I collect disability for mental health issues but I did work p/t and f/t but it was all reported to them, so why are they coming back at me now with this?
S.L — $5,000 Clawback
I too, have been a victim of Social Security wanting me to pay them money that they said I have been over paid. Before Covid I paid them back $9000. And I think I legitimately was overpaid, because I retired that year but worked until August. But since last summer they have said that I owe them an additional $5000. I have filled out all the paperwork disputing this and have gone to the Social Security office two times and several hours of phone conversations. Each time I’ve requested a print out of what I’ve paid, what they’ve paid me, what figure was allowed to be paid to me, so I could actually do the math and see it in black-and-white. Each time I was promised that the print out would be sent to me, but I never have received it. My benefits of now ended. I only receive $300 a month, because I have a teacher pension, but my teacher pension is not that large, because I came into education later in life as a teacher. The $300 a month in my case is a lot of money. Anything that you can do to shed some light on the situation so that I can pursue it further would be most appreciated.
And then, this:
I wanted to give you an update. I went to Social Security again last week. I asked for some type of a print out that would show me how much money I’ve been paid and how much money I was allowed to receive in order for me to pay back the $5000 they’re saying that I owe them. I was told that there is no such thing. I asked to speak to a supervisor, they told me that wasn’t allowed. This is what I was told, “ if your government asked you to pay money that you owe, you pay it without question?” I remained very calm and professional, but it was difficult. There is absolutely no recourse. If I owe the money, I will pay it, but I’ve already paid $9000 back to them the year that I retired because I made too much money that year. I just want to see the figures in black-and-white. How come social Security can’t show me that? I never questioned the $9000 that I owed them, but now I think I should have. Thank you so much for your time and attention to this. It’s so frustrating.
N.L. — $30,000 Clawback
I'm writing on behalf of my mother-in-law Lois. She's the sweetest person you'll ever meet. She was a reading teacher for most of her working years and therefore was not entitled (as we have come to learn) to her deceased husband's social security benefit. At the time of his death in 2017, she went to her local social security office in Bloomingdale, IL and informed the agent of his death. Six months later she started receiving a monthly check which lasted about 18 months. In 2020 she was informed that she owed over $30,000 to social security for benefits she should not have received. She has filed multiple appeals, and to date has not received any communication from ssa that she does not need to repay the funds. Thanks for all you do and hopefully we can get somewhere with these unfortunate issues happening to seniors.
P.S. — Just missed a $137,332 claw back
I’m a financial planner and a long time user of Larry’s Social Security software. As such, I’m pretty familiar with SSA rules and calculations. Last year one of my clients received a letter from the SSA indicating that he was entitled to a lump sum payment of $137,332 (that’s correct – one hundred and thirty seven THOUSAND dollars). He also received notification that his monthly benefit was increasing from $4,104/month to $8,108/month! The lump sum payment and increased monthly benefit were direct-deposited into his bank account. I knew right away that this was a mistake, and that it would only be a matter of time before the SSA realized their error and clawed it back. My client contacted the Mission Viejo Social Security office who assured him that this wasn’t a mistake and that he was entitled to both the lump sum payment and the increased monthly benefit. It took repeated phone calls and letters to finally convince the SSA that they had made an error. My client avoided a horror story by segregating the overpayments and expecting the claw back, but others haven’t been as fortunate.
$5000 — Clawback
I am writing you today regarding your Forbes article titled "Social Security — Stop Suing People For Thousands You Mistakenly Paid Their Deceased Parents When They Were Children" that was published on 11/19/2020. I was wondering if there was a solution or positive resolution ever found for the young woman mentioned in your article? I myself am a 32 year old man, and currently find myself in startlingly similar circumstances. The SSA is trying to collect nearly $5000 from me for something that was paid to my now deceased mother, from when I was 11 years old. I'm finding myself at the end of my rope in trying to deal with the administration, now having gotten waiver denials as well even though representatives assured me it was a mistake. Any help or guidance that you might be able to provide or point me towards would be infinitely appreciated.
Thank you so much for your time.
$7000 — Clawback
Thank you for pointing out that many people are receiving terrible news about Social Security sending overpayment benefit statements. My 23 year old son has been receiving SSDI for the past 3 years. We were recently audited and now are told that we owe close to $7000 as overpayment. We are appealing and are hopeful that they will consider that he worked as an essential worker during Covid and needed transportation to and from work in order to do his job. We also submitted medical documentation explaining his situation during the pandemic.
In the meantime, they have stopped providing him with his monthly support. Yet, I continue to receive letters stating that I need to make payment (I am his payee).
$32,718 — Clawback
After reading the article about "Social Security's huge mistakes" in the Hartford Courant on March 12, 2023, I wanted to add my very similar story. On April 20, 2022, I received a letter from Social Security stating that they could not pay Widow's benefits dating from November, 2020, and that I owed them $32,718 due within the month. They were off setting benefit payments due to my receiving a rather limited teachers' pension. However, upon my husband's sudden death in November of 2020, I had repeatedly sought clarification about any monies due to me from my husband's many years of contributions to Social Security. By January of 2021, I had received 3 letters stating different amounts due to me. I made numerous phone calls to try and understand the issue. In every call I stated that I had a teacher's pension. In January of 2021, I sent confirmation of that information to Social Security - including a statement showing my monthly pension and granting permission to directly contact the Teachers' Retirement Board. It was stamped as received on Feb. 11, 2021. My trust was placed in Social Security to provide me with accurate information regarding the Widow's benefit. At no time was I told that I was ineligible for this support - until I received the devastating letter on April 20, 2022. I immediately filed an appeal to this decision. Subsequently I have made more phone calls, written letters, and visited the local Social Security office to appeal this decision based upon the facts that it was not my fault that this mistake was made and that such a large payback was unfair. I am supporting my widowed, handicapped daughter and myself on a limited pension and am unable to repay the money without significantly changing our lifestyle. With no supporting data, Social Security denied my appeal stating that I was unresponsive to their attempts to contact me! At this time I have filed an appeal to an administrative law judge and am waiting for a date to be set for a hearing. Help!
$30,000 — Clawback
As short as possible, I was on Disability and tried to go back to work. I called SSA 3 different times to make sure everything I was doing was correct. After 2 years, I ended up not being able to work and went back on Disability. A few years later, during the same exact week, I get a letter from SSA saying they over paid me $30,000 and a letter from IRS saying we owed them taxes and fees on that $30,000 in the amount of $30,000. (That's 100% taxation on SSA's mistake because of the IRS late fees being nearly $20,000). I went to my local congressman for help and in the end they could do nothing except get SSA to admit that I had called 3 different times to make sure I was getting the correct amount. SSA admitted their mistake to me and them. We had to pay the IRS $30,000 while also having SSA withhold my disability until they had their $30,000. It totally broke my family and we have no savings left after that. THEN.... 4 months after having paid everything off and SSA starting my payments back, we get ANOTHER letter stating they overpaid me another $5000. No explanation how they over paid me again in such a short amount of time and it makes no sense what so ever. So they are now withholding even more money that isn't explained. Lastly, they admit that I called and spoke to them about NOT WANTING Medicaid since I was getting my works insurance. They still charged me 2 years for Medicaid even though they admit I told them I did not want it. They stated that while it was their staff members fault, I should have known I was getting it and I should have called a FOURTH time to ensure everything was done properly. I never once used Medicaid and thought I had done correct by calling them 3 times when I started back to work. I fully regret ever trying to work now because it ended up costing me more money then I made and it emptied out our savings. All because SSA made multiple mistakes. Even the Congressman's office felt horrible for me and agreed it wasn't my fault, but they could not do anything. They couldn't even help get fees or interest payments waived since it wasn't my fault. I know nothing can be done for my account but the laws need to be changed. We are punishing the disabled, which are people who can not afford to be punished for other peoples mistakes. Thank you for listening.
M.C. $37218 — Clawback
On April 20, 2022, I received a letter from Social Security stating that they could not pay Widow's benefits dating from November, 2020, and that I owed them $32,718 due within the month. They were off setting benefit payments due to my receiving a rather limited teachers' pension. However, upon my husband's sudden death in November of 2020, I had repeatedly sought clarification about any monies due to me from my husband's many years of contributions to Social Security. By January of 2021, I had received 3 letters stating different amounts due to me. I made numerous phone calls to try and understand the issue. In every call I stated that I had a teacher's pension. In January of 2021, I sent confirmation of that information to Social Security - including a statement showing my monthly pension and granting permission to directly contact the Teachers' Retirement Board. It was stamped as received on Feb. 11, 2021. My trust was placed in Social Security to provide me with accurate information regarding the Widow's benefit. At no time was I told that I was ineligible for this support - until I received the devastating letter on April 20, 2022. I immediately filed an appeal to this decision. Subsequently I have made more phone calls, written letters, and visited the local Social Security office to appeal this decision based upon the facts that it was not my fault that this mistake was made and that such a large payback was unfair. I am supporting my widowed, handicapped daughter and myself on a limited pension and am unable to repay the money without significantly changing our lifestyle. With no supporting data, Social Security denied my appeal stating that I was unresponsive to their attempts to contact me! At this time I have filed an appeal to an administrative law judge and am waiting for a date to be set for a hearing. Help!
R.F. $4902 — Clawback
I currently find myself embattled with the Social Security Administration as they seek to reclaim a debt that I believe should not be mine to pay. I am a 32-year-old man mildly afflicted by Cerebral Palsy. In my younger years, from birth through approximately seven years old, I underwent extensive physical therapy, and a number of surgeries to allow me to live in adulthood more or less uninhibited by my condition. This has allowed me to live a productive life with few limitations. I have never myself claimed social security or disability benefits.
On September 8th, 2021 I was extremely surprised to learn that a letter was received at my childhood address, which I had not lived at or claimed as a primary residence for over a decade. It was addressed for both my deceased mother, and myself from the Social Security Administration. This letter stated that I owed $4902.00 in overpayment for SSI benefits. I originally believed this to be a case of identity theft or phishing, as my mother had passed away in 2019, and I myself had never to my knowledge received or claimed benefits. I contacted my local office in Grand Rapids, MI, and learned to my surprise that it was in fact legitimate. In explaining my situation, the very kind representative assured me that this must have been an error in some way. They were seeking money paid to my mother as a representative payee paid between March 2002 and January 2003, placing me between 11 and 12 years old. When I explained that my mother was now deceased, and I had never even been aware of having received benefits at any point in my life, I was directed to fill out a waiver request form. I submitted this form as requested immediately. Over the phone, and on this form, I confirmed that my current address was on file (even though I have always kept updated with both the Secretary of State and the Selective Service System). On October 31st, 2022 I was informed that my waiver request had been denied, on the ground of not meeting both listed requirements for waiver.1. That it was not my fault I got too much social security money
2. That paying back would mean I could not pay essential bills, or would be unfair for some other reason.
They also outlined three tests that they use to decide fault in the situation.
1. That [I] made an incorrect statement which I knew or should have known was incorrect.
2. That [I] failed to give timely information which I knew or should have known was important related to the overpayment.
3. That [I] accepted payments which [I] knew or could have been expected to know were incorrect.
Even though they responded in writing stating that they understood I was a child when this overpayment occurred, and that payment was made to my parent as a representative payee who was in control of payments, they still argue it to be my responsibility to pay back. I was granted the opportunity to appeal, and given an appointment with Karen Shepherd of the Cadillac, MI SSA office on November 18th, 2022. Due to severe winter weather, we were not able to meet in person, but Karen met with me over the phone, explaining that the SSA considered this debt mine, as it had been reported as used for my care. I was not told reason for this overpayment even existing. Karen was sympathetic, and offered to assist with waiver again, provided I give her an extensive list of financial records including proof of income, pay stubs, bank records, and anything else I thought might help. I provided this within the established window, with delivery of a nearly 1lb package of documents on December 15th, 2022. I contacted them on February 9th, 2023, when I told it was still being worked on by Karen. I was told the same again on April 6th, 2023. Her demeanor had left me hopeful for positive outcome, but I began to worry. I was dismayed to learn on April 14th, 2023 that they were unwilling to approve my appeal. I was granted another meeting in the Cadillac, MI office, which is now set to take place on April 28th with a gentleman named Adam. So, I have not been told why they believe there was an overpayment, nor how an 11-year-old child could be held responsible for payment made to his parent 20 years after the fact. I had no consent, nor culpability in the situation, nor way to personally prevent it. They claim it to be my responsibility. This has left me completely unsure what to do next.
R.S. $7000 — Clawback
Thank you for pointing out that many people are receiving terrible news about Social Security sending overpayment benefit statements. My 23 year old son has been receiving SSDI for the past 3 years. We were recently audited and now are told that we owe close to $7000 as overpayment. We are appealing and are hopeful that they will consider that he worked as an essential worker during Covid and needed transportation to and from work in order to do his job. We also submitted medical documentation explaining his situation during the pandemic.
In the meantime, they have stopped providing him with his monthly support. Yet, I continue to receive letters stating that I need to make payment (I am his payee).
R.F. — A Lifetime of Clawbacks
I was 18 and still in High School but living on my own. My father died when I was 16 and I was receiving Survivor Benefits which were supposed to continue until I graduated. I got a check September of my Senior year and it helped pay my rent. Then October came and no check. I called Social Security everyday for a few weeks until I finally got through. They said I needed to send my enrollment status, which I did. November no check, I started working more and more hours to be able to pay my rent on $5.25/hr. Eventually by December I had to drop out of high school and go to work full time. Fast forward to 1995. I filed my taxes and was expecting a $900 return but it never came because Social Security seized it claiming I was overpaid Survivor Benefits. It took months to finally get them to admit that they made a mistake and I should have continued to receive payments. But they never returned my tax return nor did they pay me for my last 3 months in high school. Fast forward to 2023, I became ill and disabled as a result and began receiving SSDI. There's started charging me for Medicare even though I opted out of Medicare because I have insurance. They charged me for two months and finally I was opted out. So the next month should have been paid my full benefits but for the next 2 checks, surprise, Social Security claimed I was overpaid Survivor Benefits 33 years ago even though they had admitted I was not and $209 was taken out of my next 2 checks.
W.W. — Social Security Gives Two People the Same Number and Refuses To Fix Its Incredibly Costly Mistake
Around 1974 I requested a social security number. I was 13 years old. I received my card and began working and paying into SS. There wasn't much for me to do at that point but watch those payments come out of my earnings. Then around 1989 I received a letter from the IRS stating that due to a duplication of my SSN they will not issue my refund. They told me I needed to go to social security and correct the problem. I went to SS office and began the process of correcting the problem. After a few meetings it was decided to issue me a new number. The problem they explained, was they issued another person with the same name same date of birth the same number as me. So at the age of 32, I received a brand new social security number. At the time I got the new number while at their office, I was given a list of all the jobs I held and all the jobs the other individual held. They told me to mark all the jobs that were mine on this list. I can remember remarking to the women helping me that it was easy, all the jobs that were mine were held in Massachusetts with the exception of my military service, and all that were his were in Illinois. Around 2007 I noticed on my SS statement was missing some years prior to my new number. So I took a day off from work and went to local social security office to correct the problem. The women whose window I went to, to help me after explaining my problem told me their is nothing she could do to help me. Now I was perplexed so I asked if I could speak to her supervisor and she told me no. So I asked why and she said because I'm not letting you. Naturally I asked in a frustrated tone of voice are you kidding, at which time security with their dog came over and removed me from the office. Well spent day off from work with no pay. I decided I didn't have time or finances to deal with this until I retired. Well I retired recently and applied for SS. On the application I remember a section that asked if their were any discrepancies in my account, to which I responded with the discrepancies. Got my determination and was never contacted or had any discrepancies addressed. With my newfound retirement time I made an appointment with my SS office. The women was very helpful and could see the discrepancies. One of the discrepancies was 1988 earnings. I got credit for that year or at least my full time job, about 33k. He got credit for his job about 33k but he also got credit for my full time job another 33k,
In addition he got credit for my part-time job. In 1989 he got credit for for my full-time job the same job I held in 1988 as well as my part-time job and his own full-time job he also received all my SS credits from 1978-1987 including the time spent in the military. The woman who helped could clearly see the discrepancies filled out the paperwork and said she needed to get it approved by her supervisor, and who supervisor would contact me as she wasn't in the office at the time. Not long after the supervisor contacted me, and told me in order to get those missing credits I would need all my W2s. From the missing years. I don't have as I explained who has W2s from over 30 years ago, she replied that she has everyone of hers and that without the W2s the answer is no I legally cannot fix this it's the law. After trying to argue my case, based on all facts given to me on paper from the nice person that initially helped me (which she gave me copies), she said no. After the fifth no I asked if there is a higher office I can go to with this, to which she replied yes but their going to send it back to me and without W2 I'm going to say no. I then recognized her no voice to same person who told me no in 2007 they made her office manager. Social security has a page where I can purchase my W2 copies going back to 1978, the problem is I don't believe I can legally use my old social security number, as the paperwork to retrieve this information requires you to enter your SSN. Not to mention the price of these copies are not cheap. But I am bewildered by them asking me for the copies which they already have in their database. Still trying to sort this out, I have asked my congessman’s office for assistance, and they are currently working on it. Over the years I have been sued for his credit cards. Numerous bill collectors calling me including one recent call after not having that SSN for 33years. His wife was on my credit report for an unpaid hvac bill and couldn't get off my report. Their mortgage company came after me as well as his daughter student loans. That's my story, I can only assume it will never end, and the other party whom I shared the same number with will have quite a SS benefit. By the way he work in banking and has since 1983 so I am quite sure he is aware of the extra credits but somehow given his financial situations over the years, I can't see him contacting social security to inform them he getting to many credits.A Horrific Social Security Disability Denial Story
My son was born with several heart defects and had his first open heart surgery at 5 months of age. He also had three stents inserted at 12 and 18 years of age. In 2013 at the age of 26 he desperately needed more surgery to open up his aorta and replace his aortic valve. He had the first surgery on his aortic via an incision in his back. The next open heart surgery two days later was to replace his valve with a pig valve. He contradicted a Mersa infection that destroyed the valve and caused infected clots to travel to his brain and cause a stroke. He required two more surgeries to clean out the infected valve and replace it with a cadaver valve. He was in a coma and upon awakening needed weeks of rehab to learn to walk and function on his own. He was in hospital/rehab for 5 weeks. At that point we applied for social security disability and he was denied. With inadequate insurance and no job, he began to work as much as he could. The next time he applied for disability benefits he was denied because he worked! Against doctors’ orders and with great difficulty. He married and obtained insurance through his wife. An urgent surgery was done in July, 2021 at the Mayo Clinic. He received a mechanical valve and again was told he could be eligible for social security benefits. He now has an appeal pending for 1 year! His wife has divorced him and he is scrambling for some kind of health insurance, which is vitally important. He has moved home and is looking for a part-time job so he can eat. He’s still waiting to hear from Social Security. They are “short-staffed”. My son has worked since he was 14 years old and has contributed to social security all of these years. It is disgraceful that he can’t even talk to a person or arrange an appointment. He has an attorney working on it, but she tells the same old story of “hurry up and wait”!20 Year-Old Clawed Back for $12,163 Paid His Mother When He Was a Child
I heard you were collecting social security horror stories. So I figured I’d throw you mine. I received a letter from social security back in 2019, when I was 20, saying that I owed them $12,163. And that I had 60 days to pay them, or else.
I was a college student working a retail job and living with family. Family which did not have the resources to help pay for any legal aid that this threatening letter might require. I will spare you the exact details of how things played out. I honestly don’t remember most of them clearly. But fast forward through a bunch of stress, research, confusion, panic, more confusion and more stress. I found out that my mother, who I was living with at the time of the “overpayment”, had received a large lump sum from social security when my dad finally won his case for disability. When that happens benefits are paid out going back to the date the disability claim was first filed. Apparently Social Security has a benefit for the children of disabled workers, which my mother was and my dad became. So as their child “I” received a benefit for being their child, as they were disabled. Which they gave directly to my mother to spend. And which I was never informed of and knew nothing about. We’ll actually I knew a little about it. See I knew my mother received money for me living there, a teenager is capable of figuring out that much, but I had no idea it was “my” money from “my” benefit. I assumed that she got money monthly for having a dependent minor while being disabled. So that it was hers, her benefit, for her being disabled and having a child. She did whatever paperwork to get the money, got the money put directly in her bank account, and got to spend it however she deems appropriate. That’s how other government benefits involving children work. Makes sense right? Well social Security doesn’t think so. Instead they claim it was my benefit. See, it says it right there, in the 700 page policy handbook. It’s your benefit, your parent is just the representative payee. And we need a representative payee because obviously child you can’t be expected to know anything about money. oh, but you are both, parent and child, equally liable for paying back any overpayments. This arrangement only makes sense in the Byzantine world of administrative law. To anyone of sound mind, this logic is clearly contradictory, deeply immoral, and working against the goal of having these benefits exist in the first place. It is clearly the disabled parents benefit for having the child, and not the child’s benefit for having disabled parents. If you have to appoint a representative payee for someone because they don’t have the competence to be given the money directly, you cannot hold them responsible for paying any of it back if there’s an overpayment. Unlike some other stories of this kind, at the time, when I first received social security’s extortion letter, my mother was still alive.
Unfortunately for social security you cannot squeeze blood from a stone, or money from the disabled poor. So I assume, rather than go after her for it, they waited till I was an adult; so they could come after me for it. I called social security, tried to figure out the situation, and asked them to send me a breakdown of the overpayment and why I am legally obligated to pay it back. They should be able to show both of those things, how else would they know how much I owe or that I even owe it? They chose to just never send me anything I ever asked for. The only letters I got from them was the ones telling me my tax returns have been taken by them for the delinquent debt owed to them. Well, at least I knew they had my current address. After doing more and more research and feeling more and more helpless, I gave up. I Figured if that’s all they were going to do I’d just let them. And I’d just plan around never actually getting any tax returns. Well Social security would appropriate my tax returns one year to put towards the “debt”, then not take my taxes the next, then the following year take my tax returns again. Then they stopped taking my tax returns in recent years. And I’ve heard nothing from them at all. Why? I have no clue. To this day I am still unsure of the exact cause of the overpayment or even if there is one to begin with.
I feel have been fortunate thus far to have only been grazed by the random lightning bolts thrown by social security. How long will my luck last? Could be till I retire. Could be over tomorrow. With social security, who knows.
I’ve included a cropped photo of the letter they sent me showing the amount owed. Thanks for taking the time to read this story/rant.
C.W. $20,000 —- Clawback
I am responding to your article in the Chicago Tribune dated 3/12/23 regarding "Social Security's huge mistakes". In late October, 2022, I was notified by mail of an overpayment of $20,000. I have been retired for four years and had worked with the Social Security office out of Rockfalls as I was preparing to retire. That office submitted my retirement information. Nothing in my status had changed since the day I retired in March 2019. The SSA informed me that I was overpaid because I make too much retirement money from SURS (State University Retirement System) and should not have received as much Social Security money as I had been receiving. I was to pay back the $20,000 within two months. My normal amount of SSA was $1178. Starting in January 2023 I received $0.
Since I didn't have $20.000 just laying around, I appealed with the form "Request for Waiver of Overpayment Recovery". Supposedly they would respond to me within 30 days but two months later I still had not received a response.
I was told I must work with the Elgin office since I'm in their district, but they proved to be useless. (Note: the SSA website is woefully behind with their information). In December I received a new bill for $625 for my Medicare coverage. I phoned the national number and the kind woman arranged for me to receive $200 a month and set up my Medicare payments ($194 monthly) to be tacked on to the amount I owed putting me further into debt to SSA. As things stand now I will be paying back SSA until the year 2030. If I die prior to paying off the debt SSA will take their share from my very limited estate. Sadly, to the best of my knowledge, I did not do anything wrong. This error was created by SSA.
In February I heard from SSA that they would give me $365 monthly. Again I appealed with the form "Request for Change in Overpayment Recovery Rate". I am waiting to see what happens with that. In the meantime, I checked into filing for Bankruptcy. Overpayment is usually considered a dischargable debt but since it is the only outstanding debt that I have I decided not to file at this time. I also started looking for employment. I have a heart issue for which I underwent two cardiac ablations in the past two years which would have limited my ability to work. But after those procedures I am now capable of employment and just recently started a part-time job. However, this is not how I planned to spend my retirement. My response is probably way longer than you need and I realize you are only collecting information, but I am more than willing to share my story or help prevent this from happening to anyone else.
P.S. $7,169 — Clawback
Thanks for offering to listen to folk’s unpleasant interactions with Social Security./Medicare. My dilemma concerns my wife’s account. She received a letter in March indicating that she owed $7169.60. This represented a shortfall (difference between benefits and premiums) of $3076.80 for Dec. 2022 through Nov 2023. Also $4092.80 in past due premiums for Dec. 2019 through Nov. 2020.
My wife and I are retired public school teachers in Illinois. As a result of the Windfall Elimination Provision, our SS benefits are diminished by about two thirds. Consequently our premiums do not suffice to meet our Medicare premiums. The amount of the shortfall is exacerbated by our income. I understand the $3076 shortfall for 2022-2023 but I believe the $4092 past due premium for 2019-2020 is larger than the total premiums due for that time period. However that turns out…..I have questions I would pose to SS/Medicare.
Why did you wait this long to inform me of the past due premiums.
Why do I get an annual bill instead of a monthly bill similar to the way I pay for IRMA (Part D) every month
Why no statement showing debits and credits similar to a bank statement.
If I am not mistaken, I believe that Social Security sends out the “bill”, but Medicare collects the “bill”. It seems to me that this creates confusion.
D.R. $25,000 — Clawback
My son was 16 years old and involved in a tragic car accident where he broke every bone in his arms, legs, pelvic and sustained a traumatic brain injury. This was back in 2002. While he was in rehab a social worker came to me and suggested I apply for disability for him. Which I did and it took me having to hire a lawyer to get him approved. Imagine that? All of those injuries and they question his disability. He was 16 with a mentality of a 5 year old. I pursued and had my day in court and the Administrative Judge thought it was a joke that I even had to take it that far to court. After being awarded it I still had problems in the Bloomingdale IL office where I had to contact my Congressman to get that settled. The woman I had to deal with asked my son what 1+1 was and after he answered she said he didn’t need me as a representative payee. So I had to get another attorney for that as my son was making reckless decisions with money and having people take advantage of him. Time goes on and a few years ago SSI sent me a letter during Christmas Time and I did not receive it until January. Well their letter had stated that I needed to update them with Anthony’s progress and if I didn’t his benefits would cease. So I called as soon as I read the letter and they told me sorry too late I would need to reapply. First I was told to just do certain paperwork and it would go through. Wrong! Once again I need to hire an attorney representative to start a whole new claim which we did. In the meantime they decided to audit my son’s account and find out over the last 20 years he had a few overages on his part time employment pay. One year he was over around $1000 and a couple years over a few hundred and one year over $33. Because of this I had to get the attorney to appeal this and we had to go to court for it. Where we were fined $25000. Yes, that is correct. $25000! I offered to pay the $3300 they said we were over but they said the law is a $25000 fine. What disabled people have $25000 when they get about $800 a month in benefits? I believe the judge even thought it was ridiculous. So she is letting us make payments of $10 a month which I have done consistently the last few years. Fast forward to these last couple of years of being in court and appealing. We finally get approved in March of 2023. SO we should receive payment starting in April. In between all of this I receive a letter saying they actually made a mistake and owe my son a little over $13000. My lawyer rep and I called two weeks ago to see where the money is and they say our case was transferred to the Great Lakes division. Today I decided to call as my son’s online account with SSA. It says payments are suspended. Call and wait on hold forever and Debbie from SSA tells me they are keeping his payments until we pay off the $25000 fine!! I am going to apply soon for my own disability payments as this agency has caused me nothing but anxiety and stress and PTSD as I have to relive my son’s accident almost daily dealing with them.
It is terrible that one agency can cause such turmoil. I have talked to congressmen who have tried to help. Laws need to be changed to protect the disabled people from stress like this. My son is lucky because he has me to advocate for him. So many people do not. Who makes up the fine for overages? And I am trying to make him a productive member of society and work part time. I guess the government does not want that. They would rather have all these disabled people homeless or sitting in their parents basement drinking and smoking all day. There is a bill I found out that is trying to get passed in Congress that will prevent things like this from happening. But I have heard that before. These people barely survive on what they get paid from SSI. And in the beginning of this all my son was awarded $12 in SNAP benefits. Now he is awarded $137 a month. When I die he will be homeless and starving as he won’t be able to afford a place to live or food. Hoping you can bring light to the agency and advocate for changes in this system.
P.S. Update from this week. I called the 800 number and someone named Debbie told me again his money is suspended. I said no we were in court and this should have been dropped. No. So then I call my lawyer rep who gets someone in payout department. She thinks this is all absurd. Then she finds out my case is now in Baltimore MD and even though she works for SSA she has no number to contact there. She has to IM them. Which she did. They were supposed to call me and still haven’t.
T.J.’s Mom — Clawed Back at 81 for Benefits “Received” 45 Years Ago
I read an article on line, several weeks ago, about how the Social Security Administration was harassing a young man for a supposed overpayment, that was sent to his mother, when he was a child..
I have a similar scenario I've been dealing with for about 2 years. It concerns my 80 yr old mother's SS checks.. and your story now has me worried that this may haunt my sister and I unless we can get it resolved..
I couple yrs ago, my mother received a letter from SS.. saying that they believed she was overpaid approx $6000.. about 45 yrs ago.. She was a young widow, and my sister and I were eligible to collect benefits from our father's SS.. starting in approx 1977. I was about 14 when my father died of cancer.. My mother had worked part-time for several years prior to his death.. and she continued to do so.. I remember her telling me that when she spoke to the man at social security office, he said he would divide the amount we were eligible to receive, into 3 checks each month.. One to my mother, one to my mother for me and one to my mother for my sister.. She told the man she planned to continue working, but he seemed to believe she wouldn't.. and said that he would just set it up so her name was already in the system.. and if she quit working, it would be easier to add her benefit to the amount.. I have heard that explanation several times over the years.. as to why she got a check in her name.. So she did continue to work.. and remarried a few yrs later.. My sister and I both continued to receive checks in our own name after we turned 18 while we continued to take college classes. When we stopped going to college the checks stopped..
Many years go by; my mother continued to work off and on over the next 30 odd years.. Eventually she decided to collect her own social security at age 66, I believe.. She collected her approximately $980 social security for 12-13 years.. Now, the SS administration believes she was overpaid, 45 yrs ago and owes nearly $6000. The first letter said they would be keeping her entire check for the next 7 months unless she filled out a certain form, claiming she didn't believe she owed the money, because it wasn't her fault, or paying it back would cause undue hardship.. She made several calls to get an appointment at the social security office in Lake Mary Florida.. but this was during the covid pandemic, and everything had to be submitted electronically or left in the drop box.. She wrote a letter explaining that she did not believe she was overpaid.. but due to it being 45 years ago, she has no paperwork that gives details of what the benefit amount was supposed to be, or whether that amount included a widow benefit, or was just for the children.. We have never been shown any paperwork from SS that proves how they came to this conclusion.. and we have no way at this late date to argue her case..
Eventually, after filling out forms it was concluded that she hadn't proved she did not prove that she did not owe the money.. but since her monthly check is her only source of income, SS agreed in a follow up letter, to take $51 dollars a month, for several years until the $6000 was paid back.. Her checks continued to arrive, minus the $51 .. Until the beginning of the following year, when she again received a letter stating the exact same thing; that she owed thousands of dollars, and the SS administration was going to keep all her entire check for several months until they were paid back!.. At this point the Lake Mary FL branch office had reopened.. and we went in and talked to someone in person, thinking surely this would be an easy fix.. but again, forms were filled out, nobody could explain why they weren't honoring the letter they send the previous year stating that $51 a month would be collected for the next several years.. After several trips to speak to people in person, we finally got a supervisor that reinstated the original agreement.. but my 81 yr old mother swears to this day she doesn't owe it.. but has no way to fight it and has not seen any evidence that she actually does.. She is constantly terrified that her check will one day just stop showing up.. and she needs that money desperately.. as I said, it is her only source of income.. and my step father is in the same boat, with his health quickly deteriorating..
As I am now 61, and getting closer to considering when to begin collecting my SS check.. after reading your article about the poor man in Michigan, being forced to pay back $ his mother collected.. I wonder if the same is apt to happen to me, should my mother die before its all paid back.. And I wonder too, if the fact that we lived in Michigan when she collected on my father's death, has anything to do with it..
P.T. $50,000 — Clawback
I have a long and somewhat murky SS horror story. I will try to relay it to you as succinctly as possible.
The Start - in the 1990s I was on disability due to having contracted Guillain-Barre Syndrome. I had a particularly long and slow recovery. I had been a musician/music teacher and wanted to go back to that but full-time work was out of the question. Finally at some point in my recovery I felt it was time to try work and so for a few years, after having contacted SS about part-time work and received information on what the legalities of that would be for me, I worked only a few hours a week and was well within the legal allowances for continuing to receive my disability and work, or so I thought.
Back in the Work Force - in 2001 I got an offer of a half-time job and took it. I contacted SS and explained the situation and said that according to what I thought were the requirements, I would no longer be eligible for disability and that I understood that. I wanted to get back into the workforce. The woman who handled it told me that it wasn't up to me to determine if I was or was not eligible for continuing payments; that she would report what I told her about my hours and salary and that the case would be reviewed. In the meantime, I would continue to receive payments and they would notify me if they were going to stop. Months went by and I heard nothing while I continued to receive payments. I called back and asked what was going on with the review of my situation and was told that if I wasn't eligible for those payments I would be notified. At NO time was I told that I should not use this money because if I wasn't eligible for it because I was working I would be expected to pay it back.
My Mistake? - I assumed that SS knew what they were doing (ha!) and that by making the 2nd phone call I had done my due diligence and so I did not worry about it. If only I could do that one thing over again. If only.
3 years of OverPayment plus Some - 3 years later I got the letter, the one that said I had not been eligible that whole time and I owed every cent they had "overpayed" me back. When I contacted SS and explained that I had been told that they were going to tell me if my employment negated my eligibility and that I had thought that 3 years of silence was an indication that my part time employment did NOT take away my eligibility I was informed that they worked these things as fast as they could and I shouldn't have assumed that 3 years meant anything. And that I should also have just saved all those payments so I could be ready to pay them back and that I should have known that. Well, silly me, I had not saved them. Then came the corker. A second letter saying that after they looked into it some more they had determined that the overpayments stretched further back than my 2001 half time employment. That I owed them for 3 years before that when I had been sure I had been within the employment hours requirement because I was working about 9-10 hours per month. They said their review indicated that I worked too much one or two months so I owed a whole lot of back payments. I never got a satisfactory explanation of how many hours I was supposed to have only worked and how many hours they thought I actually did work.
Don't Bother with a Lawyer - I went to a lawyer. His advice was not to bother to appeal through the legal process because we'd never win. My husband and I did not have the money to go to multiple lawyers so we followed his advice.
Payment Plan Chaos - I set up a payment plan with SS. I thought all was going well though I was going to be paying for years and years and years to come. I kept meticulous records of what I owed and what I paid. At first all went well but as the next few years rolled by (by this time I was employed full time) I noticed increasing discrepancies between the statement they sent every month after receiving my payment and my records. They didn't always credit my full payment and the amount owed stayed higher than it should. So another call to SS.
The Murky Math - I tried to call and get these discrepancies straightened out. This call led to what I call the Mysterious and Murky Math years. And it was years of calls, letters, visits, and increasing financial chaos. I was variously told the following things by different SS employees including several supervisors - my records were wrong, their records were wrong, they had no records that I even had a case, they had no records that I owed anything, they showed I owed more than I thought, that I should be talking to the Financial/Debt/Overpayment Department of the SS about this and that they would have someone from there call me (that was in 2008 and I'm still waiting for the call), and the "final" decision by some supervisor that they had never seen such a mixed up bunch of numbers and none of them made sense and she was going to look into it and that in the meantime I should immediately suspend paying until they got it fixed. I took that advice though why I don't know because it was bad advice but she was supposed to be the expert, not me. And then came the years where I called every few months to find out the status of this case and was continually told to wait while they looked into it, and it was reiterated not to pay until they figured it out.
Was It Figured Out? - No, it was not. I was at my wit's end after several years of continued non-communication on their part and calls on my part that just ended with somebody on the other end telling me that anything they could find in their records was so messed up that they needed to refer it to somebody else and to just sit tight. I was beginning to worry that I would not receive any SS at all when it came time to retire so I made another visit to the SS office after years of phone calls. This was to a different branch of the local office than I been to before. I put the whole thing with any paperwork I had on the desk of Mr. Olague in the Fort Worth downtown SS office.
A Resolution of Sorts - He told me that none of the records that he brought up on the computer made any sense and that the numbers paid and owed and notes of conversations were just not understandable to him. But he said he would try to figure it out. He left the desk, was gone for some time, and came back with a paper printed out with a number of over $50,000 still owed and owed immediately. He could not tell me where he had gotten that number and when I asked, as I had been asking for years, for a print out of a clear financial statement that detailed what SS thought I had paid and what was left to be paid so I could compare it to my records he said it was impossible. That the records were so convoluted and non-sensical that a statement like that was impossible to make. But he assured me that the figure that he gave me was what was owed. I told him I did not have that kind of money and so what happened now? Did I go to jail, did I have my salary garnished? He said that I could work out another payment plan right there. I did so. I owe $50 a month to the end of eternity.
The Present - I am now retired. The $50/month comes out of my SS payment. Because I have a small teacher's pension (I lost a lot of teaching years being unable to work and since pensions are based on years worked my pension is necessarily much smaller than I had planned for at the start of my career) I am subject to the WEP. After the WEP offset is calculated, and my monthly overpayment amount and Medicare is deducted I receive about $400 a month in SS. I do not even know how much I still owe for overpayment because honestly, SS will never give me honest numbers anyway. As far as I can tell, they are going in a back room, rolling some dice, and making up stories about overpayments, rules, and amounts owed. I will continue to pay $50 monthly until my death. I assume that if there is anything owed at that point they will dun my children for it. I have told my kids that if they do they are to categorically refuse to pay a penny.
Amen it wasn't worse. best, Larry
It's one thing to find a mistake in a year and fix it. It's another to make a mistake year after year and hit someone up for $100K (I've seen even higher clawbacks) after a decade and pretend that's not causing horrific financial injury. best, Larry