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Social Security Disability Overpayment Q&A

social security card on top of one dollar bills

Question: Social Security Disability claims to have over paid me thousands of dollars while my dad was collecting benefits. I was a minor during the time they claim overpayment was made. Am I legally bound to pay this back?

Can Social Security collect money from me that was allegedly overpaid while I was a minor?

Yes, Social Security can attempt to collect an over payment for benefits you received as a minor. You do have the option to request a waiver of the overpayment, but you should talk to an experienced attorney familiar with such matters. And also be mindful that if you submit a request for waiver soon enough – I believe it is within 30 days of the notice you received, but double check – Social Security will suspend any withholding of your benefits while they consider your waiver request.

It can be difficult to find a private attorney such as myself to take an over payment case because there is generally no fee to be gained. I would contact the Legal Aid Society of Cleveland and Case Western Reserve University’s Health Law Clinic to see if they can be of assistance. – Answered by Attorney Matthew Shupe

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