Can SSA force previous representative payee to repay SSI overpayment when recipient hid income?

You need to file SSA-561 (Request for Reconsideration) immediately. As the former RP, you're technically liable under SSA rules, but you have strong grounds for appeal based on what you've described. Bring these documents to your local office: 1. Any texts/emails showing you requested account access 2. Documentation showing when you first learned about his work 3. Copies of all wage reports you submitted once you found out 4. Your resignation letter as RP 5. A written timeline of events At the office, explain that you fulfilled your reporting obligations as soon as you became aware of his employment. Request that the overpayment be transferred to his record with his new payee. This is called "individual liability determination" and is your best bet.

I work as a benefits counselor, and unfortunately, your situation is more common than you might think. The SSA-561 reconsideration request must be filed within 60 days of receiving the notice. Make sure to check the box for "personal conference" if possible - this gives you the opportunity to present your case verbally. Under SSA POMS GN 02205.001, Representative Payees can be held liable for overpayments, but there are exceptions for situations where the RP exercised proper care but was prevented from fulfilling their duties. Your case falls into this category. When you go to the office, also request a "waiver of recovery" using form SSA-632. This requires proving two things: 1) the overpayment wasn't your fault, and 2) recovery would cause financial hardship or be unfair for some reason.

been there done that my cousin got stuck paying back like $9000 for her deadbeat boyfriends ssi overpayment!!! they WILL take it from ur check no matter what u say. The rep payee agreement u signed makes YOU responsible period end of story. sorry but thats just how it is with these people

WOW this is exactly why i refused to be a rep payee for my uncle last year!! the SSA system is SO BROKEN! they expect you to monitor accounts you dont have access to??? how does that make ANY sense?? and then they punish YOU when the recipient hides things? thats insane! Good luck at the office but prepare to be there ALL DAY and probably get nowhere. thats been my experience.

I've helped several clients with this exact issue. When you visit the SSA office, ask specifically to speak with a Technical Expert or Claims Specialist, not just the first available representative. They have more authority to resolve complex payee situations. Bring printed copies of everything (keep the originals safe), especially any evidence showing: 1. You requested account access and were denied 2. The exact date you discovered the work activity 3. Your prompt reporting after discovery The key to winning your case is proving you acted in good faith and fulfilled your responsibilities as soon as you had the necessary information. If the local office is unhelpful, request to speak with the Office Manager. You can also contact your Congressional Representative's office - they often have liaisons who can intervene with SSA on constituent issues.

If you're having trouble getting through to someone at SSA by phone to get this sorted before your appointment, try Claimyr (claimyr.com). I was in a similar situation with an overpayment issue and spent DAYS trying to reach someone. Used their service and got through to a real person at SSA in under 10 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU It seriously saved me so much frustration and I was able to get my questions answered before my in-person appointment so I knew exactly what to bring and who to ask for.

I HAD THIS EXACT PROBLEM IN 2023!!! SSA tried to make me pay back $7,500 for my son's overpayment when I was his payee. He had a job he never told me about and cashed his paychecks instead of depositing them so I couldn't see the income. It took 3 months of fighting but I WON MY CASE! Here's what worked: 1) I brought bank statements showing I never had access to his account 2) I had witnesses who confirmed he concealed his job from me 3) I showed proof I reported it AS SOON as I found out 4) I refused to leave the SSA office until they transferred the debt to him DON'T GIVE UP!!! The system is designed to make you give up and just pay. STAND YOUR GROUND!!!

hey not to be rude but this is literally WHY ur supposed to manage the money as a rep payee thats the whole point. u signed legal papers saying u would do it. i get that he didn't cooperate but u should have resigned years ago then not waited till theres a problem. just saying

One critical thing no one has mentioned: make sure to request a "Without Fault" determination under SSA POMS GN 02250.061. This specifically addresses situations where the Representative Payee was prevented from performing their duties through no fault of their own. Also, when you visit the office, bring a signed statement explaining exactly what happened - having it in writing helps ensure nothing gets missed during your conversation. Be sure to emphasize that you began reporting wages immediately upon discovering the employment. The fact that you proactively reported once you found out will significantly strengthen your case.

To answer your follow-up questions: 1. For your office visit, bring copies rather than originals. Have the originals with you in case they need to see them, but they'll typically just make copies for their files. 2. The reconsideration deadline is 60 days from the date on the notice. If you're close to that deadline, you can file a basic reconsideration form immediately and then supplement with additional evidence later. 3. A simple signed statement is sufficient - no need for notarization. One more important tip: If the SSA representative at your local office isn't helpful, don't argue with them. Instead, politely ask to speak with a supervisor or office manager. Sometimes the front-line staff aren't familiar with the nuances of representative payee liability, especially in cases like yours where you were denied access to financial information. Keep us updated on how your appointment goes!