This is absolutely infuriating and unfortunately not uncommon. I work as a paralegal at a disability law firm and see these cases regularly. The good news is that your sister's case is NOT subject to Administrative Finality - that 4-year rule doesn't apply here since everything happened so recently. The ALJ made an error in their interpretation. When they found that SSA was wrong and your sister properly reported, they absolutely have the authority to order a full refund of improperly collected funds. I suspect the judge may have confused different types of overpayment cases or applied the wrong regulation. Here's what your sister needs to do immediately: 1. File that Appeals Council review (sounds like she already did - good!) 2. In the appeal, specifically cite 20 CFR 404.502(c) which allows for reopening and revision of determinations 3. Request a complete administrative record review 4. Consider filing a 1696 form to get representation - many attorneys will take these cases on contingency The key argument is that this is a "clerical error" case, not an Administrative Finality case. SSA received her reports but failed to process them correctly. That's their mistake and they cannot keep money collected due to their own processing error. Don't give up - this is absolutely winnable with the right legal approach.

I'm so sorry your sister is going through this - what an absolute nightmare! As someone who's dealt with SSA bureaucracy myself, I can't believe they can just keep money they wrongfully collected even when a judge admits they made the mistake. One thing I wanted to add that I haven't seen mentioned yet - has your sister considered filing a complaint with the Consumer Financial Protection Bureau (CFPB)? They handle complaints about government agencies taking money improperly, and sometimes external pressure from other federal agencies can help get SSA to actually follow their own rules correctly. Also, definitely document EVERYTHING moving forward - every phone call, every letter, every interaction. Take photos of all documents before mailing them. I learned this the hard way when SSA "lost" paperwork I sent them twice. The legal advice others have given sounds spot-on, especially about this being a clerical error rather than an Administrative Finality issue. Your sister shouldn't give up - $42,000 is life-changing money and she deserves to get it back when she did everything right. Keep fighting!

Has anyone here applied for spousal benefits if they're divorced? I heard it's possible but not sure about the details.

@CyberNinja Yes, you can apply online! Go to ssa.gov and look for "Apply for Benefits" - they have an online application for spousal benefits. It's actually pretty straightforward and you can save your progress if you need to take a break. Just make sure you have all those documents that @Chloe Taylor mentioned ready to upload. Way easier than sitting on hold for hours!

I'm a newcomer here but wanted to share what I learned when I faced a similar situation with my daughter's SSI benefits. The key thing that helped me was understanding that SSA has a specific process for investigating payee misuse allegations, and they take them seriously when you have solid documentation. What really made the difference in my case was keeping a detailed log of specific instances - not just "he's not spending the money right" but actual examples with dates. Like "On [date], son texted asking for $20 for school supplies, said dad told him there was no money." Screenshot everything. Also, since your son is 17, definitely encourage him to be completely honest with SSA if they contact him. At that age, they really do consider his input heavily. One thing that surprised me was that SSA told me they look at the "best interest of the beneficiary" more than just who has physical custody, especially when the child is older. The timeline is tight with him turning 18 soon, but don't let that discourage you. Even if it takes months, any misused funds can potentially be recovered, and more importantly, you're protecting what savings should already be there from previous months. That money belongs to your son's future, not your ex's household budget. File that form SSA-623 and request an immediate accounting of how the benefits have been spent. Sometimes just knowing someone is watching makes people more careful with the money. You're doing the right thing advocating for your son - don't let anyone convince you otherwise.

As someone new to this community but unfortunately familiar with representative payee issues, I wanted to add my perspective. I went through a very similar situation with my ex-wife and my disabled daughter's benefits about two years ago. The most important thing I learned is that SSA really does investigate misuse allegations thoroughly when you provide concrete evidence. Don't let people tell you it's hopeless just because your son lives with his dad - I was told the same thing, but ultimately succeeded in getting payee status back. Here's what worked for me: I created a simple spreadsheet tracking every instance where my daughter needed something basic (clothes, school supplies, medical co-pays) that should have been covered by her $1,100/month in benefits, but my ex claimed there was "no money." I included dates, what was needed, screenshots of our conversations, and receipts showing I ended up paying for these things myself. Your son being 17 is actually a huge advantage - SSA will absolutely consider his input seriously. When they interviewed my daughter (she was 16), her honest account of how the money was being used carried more weight than all my documentation combined. One practical tip: when you file the SSA-623, also request an emergency review citing potential financial exploitation of a minor. The word "exploitation" gets their attention faster than "misuse." And definitely request copies of all payee accounting reports your ex has filed - inconsistencies between what he reports and reality are smoking guns. Don't give up. Your son's financial future is worth fighting for, even if it's just for these final months. Sometimes the fight itself prevents further misuse, even if the formal process takes time.

As someone new to this community, I'm shocked to read about all these experiences with SSA not implementing the GPO reform properly! I'm a retired state employee myself and had no idea about these recent changes - this thread has been incredibly informative. It's outrageous that federal employees at SSA aren't being trained on their own agency's new rules. The fact that multiple people here have had to make several visits just to get an application accepted is unacceptable. Thank you to everyone sharing specific strategies like asking for Technical Experts and requesting protective filing dates - this practical advice is invaluable for those of us navigating this bureaucratic maze. I'm curious - has anyone tried escalating beyond the local office level? Like contacting SSA's regional offices directly or filing complaints with their Office of Inspector General about the inconsistent implementation? It seems like this is a systemic training issue that needs to be addressed from the top down.

As someone who just joined this community after experiencing my own GPO nightmare, I can't thank everyone enough for sharing these detailed strategies! I'm a retired teacher from Texas and went through the exact same runaround at my local SSA office three weeks ago. What really helped me was printing out the actual text of the Social Security Fairness Act (Public Law 118-29) and highlighting the specific sections about GPO reform. I also found SSA's own Program Operations Manual System (POMS) updates online that reference the changes - having their own internal guidance seemed to carry more weight with the representatives. One thing I'd add to the excellent advice here: if you're getting nowhere with the field office, try calling SSA's national customer service line at 1-800-772-1213 and specifically ask to speak with someone about "GPO reform implementation under Public Law 118-29." I found the phone representatives were sometimes more knowledgeable than local office staff, and they can also help you locate which nearby offices might have better-trained Technical Experts. Stay persistent everyone - we've earned these benefits and shouldn't have to fight this hard for what's rightfully ours under the new law!

Thanks everyone for the helpful responses! To summarize what I've learned: only my work income counts toward the earnings limit (about $22,300 for 2025), NOT my Social Security benefits. And they use the gross amount before deductions. I really appreciate all the clarification - this makes my retirement planning much easier. I'll be sure to report my expected earnings accurately when I apply next year to avoid any surprises.

Just wanted to add one more helpful tip for anyone in a similar situation - keep detailed records of your monthly earnings throughout the year! I learned this the hard way when SSA asked me to verify my income. Having pay stubs organized by month made the process much smoother. Also, if you have any months where you earn significantly more or less (like seasonal work or bonuses), it's worth calling SSA to update your earnings estimate. They're much more understanding if you're proactive about reporting changes rather than them finding out later during their annual review.