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Social Security demanding $8,000 overpayment from student who received benefits while father's disability status changed

I'm in complete shock right now. My son just received several notices from Social Security saying he owes back $10,700 in overpayments! Apparently, they're claiming his mother (my ex-wife) had medical improvement and was no longer considered disabled as of April 2023, so he shouldn't have received any auxiliary benefits from April 2023 through May 2024. Here's the situation - my son turned 18 in September 2023 but continued receiving benefits because he was still in high school until May 2024 (when he graduated). The payments automatically stopped after graduation, which seemed normal. Now FIVE MONTHS LATER, they're saying he was never entitled to any of those payments! What's bizarre is that all the letters are addressed only to my son, not to me, even though he was a minor for part of this period. Is this because he's over 18 now? Also, how can they possibly hold a STUDENT responsible for THEIR mistake in continuing to send payments? My ex-wife hasn't been involved in his life for over 12 years, and we had no idea her medical status had changed. I submitted the waiver form (SSA-632) back in December explaining why he shouldn't be responsible, but haven't heard anything. Now he's worried they'll garnish his wages from his new part-time campus job that he needs for books and food while he's attending community college full-time. Can they really come after a college student for their own administrative error? What options do we have here? Any advice would be GREATLY appreciated.

I'm a social worker who helps families navigate SSA issues, and I want to emphasize something important that hasn't been fully addressed yet - the timing of when your son turned 18 versus when the overpayment period began. Since your son was still a minor in April 2023 when the overpayment allegedly started, there's a strong argument that he cannot be held responsible for payments made while he was under 18. Minors have legal protections specifically because they cannot be expected to understand complex benefit rules or monitor their parents' medical status. I'd recommend adding this to your waiver documentation: highlight that he was 17 years old when the overpayment began and had no legal capacity to understand or act on information about his mother's disability status even if he had somehow received it. Also, make sure to document his current financial situation thoroughly - full-time student status, part-time income, basic living expenses. SSA considers educational expenses as legitimate financial hardship factors. Include documentation of tuition, books, transportation, and any other school-related costs. The fact that you're helping with some expenses actually strengthens the hardship argument rather than weakening it - it shows his income alone isn't sufficient to cover basic needs, let alone an $8,000+ debt.

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This is incredibly helpful information, thank you! I hadn't even thought about the legal protections for minors aspect. You're absolutely right - he was only 17 when this supposedly started in April 2023. I'm definitely going to add this angle to our documentation. It seems crazy that they would try to hold someone financially responsible for decisions made when they were legally a minor and had zero knowledge of their estranged parent's medical status. Quick question - when you mention documenting educational expenses, should I include things like his laptop, school supplies, and even the gas money for his commute to campus? I want to make sure I'm being thorough but also reasonable in what I include as legitimate student expenses. Also, do you think it would help to get a letter from his school counselor or financial aid office confirming his full-time student status and financial need?

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Yes, absolutely include all those educational expenses! Laptop, school supplies, gas/transportation costs, even parking fees if he pays them - these are all legitimate educational expenses that SSA recognizes. Also include any lab fees, technology fees, or other mandatory school costs beyond just tuition. A letter from the school's financial aid office would definitely strengthen your case. They can confirm his full-time enrollment status, any financial aid he's receiving, and potentially speak to his demonstrated financial need. Some schools will even provide a letter outlining typical student living expenses for your area. One more thing to consider adding - if your son has had to reduce his work hours to maintain full-time student status, document that too. SSA understands that full-time students often can't work as many hours as they might otherwise need to support themselves. The minor protection angle is really strong in your case. I've seen similar situations where SSA dropped overpayment claims entirely once the minor status during part of the overpayment period was properly highlighted. Make sure that point is front and center in any additional documentation you submit.

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I went through something very similar with my daughter about two years ago when she was hit with an $11,000 overpayment demand after her father's disability status changed. The whole experience was a nightmare, but I wanted to share what ultimately worked for us. First, the minor protection argument that GalaxyGuardian mentioned is absolutely crucial - we emphasized heavily that our daughter was 16-17 during most of the overpayment period and legally could not have been expected to monitor her father's medical status or understand the implications. This seemed to carry significant weight with the decision makers. Second, we discovered that SSA has an internal policy about "equitable relief" for cases where their own administrative delays contributed to the problem. In our case, they had determined the medical improvement months before they stopped the payments, but never notified us. We argued that their delay in stopping payments made the overpayment worse than it should have been. The waiver was initially denied, but we appealed with additional documentation including school transcripts, financial aid records, and a detailed breakdown of all educational expenses. We also got a statement from her college confirming that maintaining full-time status required limiting work hours. The appeal was successful - they ultimately waived about 85% of the overpayment and put her on a $25/month payment plan for the remainder. Don't lose hope if the initial waiver is denied. The appeals process really does work when you have a strong case like yours. Your son being a minor for part of the period and having no contact with his mother creates a very compelling "without fault" argument. Keep fighting this - they absolutely should not be able to financially devastate a college student over their own administrative failures.

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Great question! As a fellow SSDI recipient who works part-time, I can confirm that PTO absolutely counts toward SGA when you actually use it and receive payment. The key thing to remember is that SSA looks at when you're PAID, not when you earned the time off. Here's what I've learned from my own experience: spreading out your PTO usage across multiple months is definitely the safest approach. Since you're already at $1,200/month with regular hours, using all 30 PTO hours at once would likely push you over the $1,550 SGA limit for that month. A few practical tips: - Keep detailed records of ALL income including PTO payments - Consider using just a few PTO hours each month to stay comfortably under the limit - Remember that going over SGA for one month isn't an automatic benefit termination, but it's still risky - If you haven't used all 9 Trial Work Period months yet, you have some flexibility The most important thing is to stay in communication with SSA about your work activity. I report my earnings every month through their online portal to avoid any surprises. Better to be overly cautious than risk your benefits!

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Thank you for sharing your experience! Your approach of reporting earnings monthly through the online portal sounds like a smart way to stay on top of things. I'm curious - when you report through the portal, do you include projected PTO usage or just report it when you actually take the time off? I want to make sure I'm being as transparent as possible with SSA about my work activity, especially since I'm planning to spread out my PTO usage over several months now.

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I've been dealing with similar PTO questions for years! One thing that really helped me was creating a simple spreadsheet to track my monthly earnings including any PTO usage. I calculate my projected monthly total BEFORE taking any PTO to make sure I won't go over the SGA limit. Also wanted to mention that some employers are flexible about PTO policies for employees with disabilities. I was able to work with HR to cash out small amounts of PTO periodically (like 4-5 hours per month) rather than taking large chunks of time off. This keeps me safely under the SGA limit while still allowing me to use my earned benefits. If your employer offers this option, it might be worth exploring. Just make sure any PTO cash-outs are properly documented on your pay stubs since SSA will want to see exactly when and how much you received.

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This is really helpful advice about working with HR on PTO policies! I never thought about asking if I could cash out small amounts periodically instead of taking time off. That sounds like it would give me much more control over staying under the SGA limit each month. Do you know if there are any tax implications to cashing out PTO versus using it as time off? I want to make sure I understand all the angles before I approach my HR department about this option.

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This is exactly why I love this community! Seeing how everyone has jumped in to help explain what could have been a really confusing situation is amazing. As someone who's dealt with Social Security for years (my mom went through disability benefits), I can confirm that these differential payment situations are totally legitimate but often catch people off guard. The key thing that stands out to me is that SSA initiated contact with you - that's actually a really good sign that this is a straightforward entitlement issue, not some kind of mistake or scam. When their system flags these potential benefit adjustments, they're usually pretty accurate. One small tip for when you go to the school: bring a copy of your daughter's Social Security number along with the student ID number, just in case they need it for their records. Some schools ask for both when completing these forms. Also, if the main office seems unfamiliar with Form 1372, ask specifically for someone in student services or records - they're usually the ones who handle these post-graduation benefit verification requests most frequently. Really hoping this works out well for you and your daughter gets the additional benefits she's entitled to! Please do update us when you hear back from SSA.

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This is such great advice, especially about bringing both the student ID and Social Security number! I hadn't thought about that but it makes total sense that different schools might have different requirements for their records systems. It's also really reassuring to hear from someone with experience dealing with Social Security that the fact they initiated contact is a positive sign. I was definitely second-guessing whether this was legitimate, but all these responses have convinced me it's worth pursuing. Thanks for the practical tip about asking for student services if the main office isn't familiar with the form - that could save me a lot of time and confusion tomorrow!

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Just wanted to chime in as someone who works at a high school - we absolutely keep attendance records for years after graduation and handle Form 1372 requests regularly! Don't worry about it being awkward to contact them. We literally have a standard process for this because it comes up all the time with Social Security benefits, veterans benefits, insurance claims, etc. When you go in, they'll probably just need your daughter's full name, graduation year, and student ID if you have it. Most schools can complete the form while you wait since it's just verifying dates of attendance. The records department deals with these requests so frequently that they'll know exactly what SSA is looking for. Also, don't feel bad about not knowing these benefit rules - the differential payment system is genuinely confusing and not well-explained to families. You're doing the right thing by following up on this!

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I'm dealing with this exact confusion too! My husband was a postal worker for 35 years and we just got his spousal benefit determination last week. The amount was about 40% less than what we calculated based on the "new rules." After reading through all these explanations, I now understand we're still in the transition period where only 2/3 of the GPO reduction has been eliminated so far. What's really frustrating is that the SSA notice we received didn't mention the phase-in schedule at all - it just stated the benefit amount with no context. I'm going to follow the advice here and request a detailed calculation breakdown. Has anyone had success getting SSA to provide a written explanation that shows exactly how they applied the 2025 phase-in percentages to your specific case? I want to make sure they're using the right formulas before we get to the final phase in 2026.

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You're absolutely right that the SSA notices don't explain the transition period at all! I'm new to this community but going through something similar with my dad who was a teacher. From what I've learned reading everyone's experiences here, it seems like you definitely want to ask specifically for a "detailed benefit computation" rather than just asking them to "explain" the calculation. Several people mentioned that when they used those exact words, they got a much more comprehensive breakdown showing the phase-in percentages. Also, it might be worth mentioning to the SSA representative that you're aware this is a transition year with 2/3 GPO elimination - sometimes that shows them you know what you're talking about and they take the request more seriously. Good luck getting that written explanation!

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As someone new to this community, I'm amazed by how helpful everyone has been in explaining these complex WEP/GPO transition rules! I'm currently helping my elderly parents navigate a similar situation - my mom worked for the state university for 40 years and they're completely confused about her spousal benefit calculation. After reading through all these responses, I now understand that the Social Security Fairness Act changes are being phased in gradually through 2027, not implemented all at once like we thought. The key insight seems to be requesting that "detailed benefit computation" from SSA rather than just asking for an explanation. I'm also going to make sure my parents understand that even when the law is fully implemented in 2026, the spousal benefit still follows the standard offset rules where you get the difference between your own benefit and 50% of your spouse's benefit (if that's higher), not automatically 50%. Thank you to everyone who shared their expertise and experiences - this has been incredibly educational for those of us just starting to deal with these issues!

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I went through a very similar situation with my husband last year. One thing that really helped us was calling SSA about 2-3 months before we actually wanted to start benefits to do a "practice run" of the application process. The representative walked us through exactly what documents we'd need and explained the timing for spousal benefits. Also, regarding your wife's spousal benefits - make sure you understand that she can only get spousal benefits AFTER you've actually filed for your own benefits. She can't apply for spousal benefits based on your record until you're actively receiving benefits yourself. This is different from survivor benefits which have different rules. One more tip: when you do apply online, print out confirmation pages for everything. We had a glitch where the system showed my husband's application as "pending" for weeks, but when we called with the confirmation number, they were able to locate it immediately and process it. Without that confirmation number, we would have been stuck.

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This is exactly the kind of detailed advice I was hoping to find! The "practice run" phone call idea is brilliant - I never would have thought to do that, but it makes perfect sense to work out all the details before we're actually ready to file. And you're absolutely right about the timing requirement for spousal benefits - my wife can't apply until I'm already receiving my benefits. That's an important detail I need to factor into our timeline. The confirmation number tip could be a lifesaver too. It sounds like the SSA system can be pretty unreliable, so having that paper trail seems essential. Thanks for sharing your real-world experience with this process!

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One thing I want to emphasize that's been touched on but bears repeating - make absolutely sure you understand the permanent reduction for taking benefits before your FRA. At age 65, if your FRA is 67, you'll be taking about a 13.3% permanent reduction in your monthly benefit amount. That reduction stays with you for life, even when you reach your FRA later. I see people sometimes think the reduction is temporary and their benefits will increase to the full amount once they hit FRA, but that's not how it works. The only increases you'll get after filing early are the annual cost-of-living adjustments (COLA). Just wanted to make sure you've factored that into your financial planning, especially since you mentioned wanting to time everything carefully. If cash flow isn't an urgent issue, waiting those extra 2 years to FRA could mean significantly more money over your lifetime, even accounting for the 2 years of missed payments.

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