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i had a friend who just ignored the overpayment notices and nothing happened for like a year then they started taking $75 out of her check each month. she said its better than paying it all back at once
This is extremely risky advice. If you ignore overpayment notices, SSA can and will eventually: 1. Take up to 100% of your SSDI check 2. Garnish tax refunds 3. Report to credit bureaus 4. Eventually refer to Treasury for collection Always respond to overpayment notices even if you disagree with them. Filing a proper appeal stops collection while the appeal is pending, which protects your benefits while you fight the decision properly.
I went through almost the exact same situation last year with my SSDI overpayment. The key thing that saved me was getting a complete copy of my SSA file through a Freedom of Information Act request - it showed exactly when they received my workers' comp information and that they had it when they calculated my backpay. Also, don't let them rush you into accepting a payment plan! If your brother truly wasn't at fault (which it sounds like he wasn't), he should be able to get the entire overpayment waived. I almost agreed to pay $50/month because I was so stressed, but my advocate told me to hold out for full waiver. It took 8 months but they eventually approved it. One more tip - if he has to do a phone conference, ask for it to be recorded. They're required to do this if you request it, and it protects you if they misrepresent what was said. The recording becomes part of your official file.
Thank you so much for sharing your experience! The FOIA request is brilliant - I hadn't thought of that but it makes perfect sense to get the complete file showing exactly what they knew and when. Eight months sounds like a long time to wait but getting the full waiver approved must have been such a relief. I'm definitely going to tell my brother about requesting the phone conference be recorded. That's really smart protection, especially since he's already had different representatives tell him conflicting things. Did you have to do anything special to request the recording, or just ask when they called? Your point about not rushing into a payment plan is so important too. The stress of this whole situation makes you want to just agree to anything to make it go away, but you're absolutely right that he should hold out for the full waiver if he wasn't at fault.
Just to address your complicating factors - with a government pension where you didn't pay into Social Security, you definitely want to speak with someone directly. The WEP/GPO provisions are complex, and the online system doesn't give personalized guidance on how these will affect your specific benefit amount. The good news is that while you're waiting for your in-person appointment, you can still create a my Social Security account online and review your earnings history. This gives you time to identify any errors in your record and gather documentation to correct them if needed. Sometimes old employers aren't properly recorded or earnings are missing, and fixing these issues before you apply can increase your benefit amount.
I was in a similar situation last year - really nervous about applying online but didn't want to wait months for an appointment. I ended up doing a hybrid approach that worked well for me. I started the online application just to see what information they were asking for, then printed out all the questions and gathered my documents. I didn't submit it though. Instead, I called the national number (1-800-772-1213) early in the morning around 8 AM when wait times are shorter and had them walk me through the trickier parts over the phone. Then I went back online and completed it with confidence. The phone rep was actually really helpful and caught a mistake I would have made about my benefit start date. Might be worth trying this approach while you're waiting for your in-person appointment - gives you a backup plan if you decide you're comfortable enough to proceed online!
That's such a smart approach! I never thought about using the online application as a "practice run" to see what documents I'd need before actually submitting. The hybrid method sounds perfect for someone like me who wants to be extra careful but also doesn't want to wait forever. I'll definitely try calling early in the morning - thanks for the tip about 8 AM having shorter wait times. It's reassuring to know the phone reps can catch mistakes too. This gives me a good middle ground while I'm waiting for my appointment!
One additional point worth mentioning: If your mother is getting misinformation at her local office, she can request to speak with a Technical Expert who specializes in survivor benefits and the GPO. Not all SSA representatives are equally familiar with these provisions. Also, remind her that even if she's only eligible for a small monthly amount after the GPO reduction, it's still worth applying. These benefits include annual cost-of-living adjustments (COLAs), which can add up over time.
I'm a retired teacher who went through this exact situation with my late husband's benefits about 6 months ago. The key thing that helped me was being persistent and asking the right questions. When I first went to SSA, they told me I wasn't eligible for anything because of my pension. But I kept reading online and knew that wasn't right. What finally worked was calling the national SSA number (1-800-772-1213) and specifically asking to speak with someone about "survivor benefits for divorced spouses subject to GPO." I had to wait on hold for 2 hours, but I got someone who actually knew the rules. Turns out I was eligible for about $180/month after the GPO reduction. Make sure your mom emphasizes that she was married for MORE than 10 years (17 years in her case) and that she never remarried. Those are the key eligibility factors. Also, bring multiple copies of everything - they kept my documents for weeks during processing. Don't let them brush her off. She has rights under current law even if the new legislation hasn't passed yet!
This is incredibly helpful - thank you for sharing your experience! It's so encouraging to hear from someone who actually went through this successfully. I'm definitely going to have my mom call that national number and use those exact words about "survivor benefits for divorced spouses subject to GPO." The fact that you got $180/month after the reduction gives me hope that it might be worthwhile for her too. I really appreciate you taking the time to share the specific steps that worked for you!
That's great news! Make sure to keep copies of everything you submit, and get the name of any representatives you speak with. If you run into any issues, don't hesitate to ask to speak with a technical expert or supervisor who might be more familiar with the secondary evidence rules. Good luck with your application!
That's wonderful news Miguel! I'm so glad you got this sorted out quickly. Your situation is actually pretty common - many people from older marriages run into this exact issue where the ceremony happened but the paperwork wasn't filed properly. The fact that your divorce decree acknowledges the marriage date and duration is really the key piece here. For anyone else reading this thread with similar concerns, Miguel's experience shows that SSA does have processes in place to handle these situations. The secondary evidence route with forms SSA-754 and supporting documentation like tax returns really does work. Thanks for updating us on how it went!
This is such a relief to read! I'm actually dealing with a very similar situation right now - my parents were married in 1987 but we can't find their marriage certificate anywhere, and my mom needs to apply for survivor benefits after my dad passed last year. Reading through this thread has been incredibly helpful, especially knowing about those SSA forms (754 and 753). @a659024b8ae0 thank you for sharing your update - it gives me hope that we can get this resolved without a huge battle. Did the representative mention how long the processing might take once you submit everything?
Grace Patel
Great decision to wait until January! That extra year will make a meaningful difference in your benefit amount. One thing I'd add - since you mentioned helping your daughter with college expenses, you might want to look into whether your Social Security benefits could affect her financial aid eligibility. Parent income (including SS benefits) is factored into the FAFSA calculations, so timing your claim might impact her aid package. It's worth running the numbers through a FAFSA calculator to see if the timing makes a difference for her college costs too.
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Yara Khoury
•That's a really important point about FAFSA that I hadn't even considered! My daughter is a sophomore, so this could definitely impact her financial aid for the remaining years. I'll need to run those calculations too - it seems like every angle I look at this decision from reveals new complexities. Thank you for bringing this up, it could save us money on her college costs if I time this right.
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Paolo Esposito
One more consideration that might help with your January timeline - if you're planning to file in January, make sure you understand exactly when your benefits would start. Social Security retirement benefits can't be paid retroactively more than 6 months, and they start the month after you reach eligibility age OR the month after you apply, whichever is later. So if you turn 65 in a few months but wait until January to apply, your first payment would likely be February. Just want to make sure you're factoring this timing into your budget planning. Also, since you mentioned mortgage being paid off, that's a huge advantage - many people in similar situations are still dealing with mortgage payments which makes the timing decision much more critical.
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