SSI Fair Share housing deduction ignored but they're demanding back pay for wages - What now?
I'm at my wits end with SSA regarding my son's SSI benefits. Since October, I've been reporting that he's paying his fair share of housing/utilities (about $475 monthly) instead of receiving 'in-kind support'. I've faxed documentation THREE times with receipts and proof of payment. His SSI payment should have increased once this change was processed, but it hasn't budged. Meanwhile, he works part-time (12 hrs weekly) at a grocery store. I've reported his wages faithfully every month since September - faxed paystubs, called SSA directly, even provided his employer's EIN so we could report electronically. I've documented EVERYTHING. I've tried reporting through the app and online, but it keeps saying "no record of working" even though I've reported his job multiple times. In December, I physically went to the SSA office, waited 3+ hours, and they acknowledged they had all my faxes and would fix everything. They essentially said "oops, our bad." Fast forward to today - I received a letter demanding BACK PAY for his October-December wages, but STILL nothing acknowledging he's paying fair share for housing! If they'd processed the fair share housing arrangement correctly, his SSI would have increased BEFORE the wage deductions, and we likely wouldn't owe anything. I can't get through on phones (2+ hour waits before disconnecting), local office no longer accepts walk-ins, and appointment wait times are ridiculous. How do I fix this mess when I can't even reach a human being? Has anyone successfully resolved this kind of SSI reporting nightmare?
19 comments
Zara Ahmed
I've dealt with similar SSI reporting issues with my daughter. You need to request a formal reconsideration immediately - you have 60 days from the date on that letter. While I know it's incredibly frustrating, continue documenting everything: 1. Get a receipt confirmation for every fax you send (date/time stamped) 2. Keep a call log with dates, times, and representative names 3. Take screenshots of any app/online errors The key issue here is that they're applying the wage reductions but not the fair share housing arrangement, which should have increased his base SSI amount. The housing arrangement change should have been processed first chronologically. I recommend sending a certified letter to your local office explaining the timeline of events and requesting both the back-processing of the fair share arrangement AND removal of any overpayment claims until the fair share is properly applied. Include copies (never originals) of all your previous documentation.
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Sean O'Donnell
•Thank you for the detailed response. I hadn't thought about sending a certified letter, but that makes sense since it creates another paper trail. Do you know if I can submit the reconsideration online or does it have to be on paper? I'm worried about more faxes getting lost in their system.
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Luca Esposito
OMG this is EXACTLY what happened with my brother's SSI!!! They ignored the fair share housing arrangement for FIVE MONTHS while still reducing for his tiny paychecks. We ended up with a $2,800 overpayment notice even though we'd reported everything correctly. The system is BROKEN and they don't talk to each other internally!!! I'm still fighting this battle from last year!
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Sean O'Donnell
•Five months?! I'm so sorry you're dealing with this too. Did you ever get it resolved? I feel like I'm screaming into the void with all my documentation and nobody's listening.
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Nia Thompson
I work as a benefits counselor, and unfortunately this is a common issue with SSI. The problem is that wage reporting and living arrangement changes are often processed by different departments within SSA, and they don't always coordinate effectively. Your next steps should be: 1. Request a reconsideration of the overpayment immediately (form SSA-561) 2. At the same time, file a request for waiver of overpayment (form SSA-632) arguing you reported everything correctly 3. File a critical case request due to potential financial hardship Most importantly - *do not begin repaying* until this is resolved. Filing the reconsideration stops collection efforts temporarily. The fair share arrangement should have resulted in your son receiving the full Federal Benefit Rate (minus any applicable deductions) rather than the reduced benefit from in-kind support and maintenance. This difference is significant - about $287 in 2025.
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Mateo Rodriguez
•Can they really stip collection just by filing a reconsideration?? My aunt had her ssI cut by 1/3 for a supposed overpayment and shes barely surviving
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Nia Thompson
•Yes, filing a reconsideration (SSA-561) within 10 days of receiving the overpayment notice will typically pause collection. If it's been more than 10 days but less than 60 days, you can still file but need to specifically request that collection be paused. After 60 days, it becomes much more difficult to stop collection while appealing.
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GalaxyGuardian
I spent 4 months dealing with this exact problem last year. After dozens of failed calls, I finally used Claimyr (claimyr.com) to reach a real person at SSA. It got me through to an agent in under 30 minutes when I'd been trying for weeks. Their video demo (https://youtu.be/Z-BRbJw3puU) shows how it works. Once I finally got through to someone, I requested to speak with a technical expert who specializes in SSI calculations. Regular reps often don't understand how the living arrangement codes interact with wage deductions. The technical expert was able to see both issues and process them in the correct order, which eliminated our alleged overpayment entirely. Don't give up - this is fixable, but you need to reach someone who actually understands the complete SSI calculation system.
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Sean O'Donnell
•I've never heard of this service before, but at this point I'm desperate. Did you need to provide any specific documentation to the technical expert once you reached them? I want to be prepared if I can actually get through to someone.
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GalaxyGuardian
•Yes, have these ready: 1) Copies of all faxes showing the fair share arrangement with dates, 2) Proof of his monthly payments toward housing, 3) All pay stubs you've already reported, and 4) A timeline of all your reporting attempts. Ask specifically for a "PERC" review (Pre-Effectuation Review Contact) which forces them to look at everything chronologically.
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Aisha Abdullah
bro this happened to my cousin too. SSA is mess rn with all this stuff. they never put in his living change but took the job money. he had to get his state rep involved to fix it all.
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Ethan Wilson
This sounds extremely frustrating. You've clearly been doing everything right in terms of reporting. One thing to consider is requesting your son's complete SSI file through a Freedom of Information Act (FOIA) request. This will let you see exactly what's been logged in the system and what's missing. I've found that SSA's internal systems sometimes don't properly code the living arrangement change from "in-kind support and maintenance" (ISM) to "fair share," especially when submitted via fax. The system uses specific codes: - Code A: Fair share arrangement (full FBR) - Code B: In-kind support (reduced FBR) Sometimes these codes don't get updated even when the documentation is received. When you eventually reach someone, specifically ask them to check what living arrangement code is currently in your son's record. If it's still showing Code B instead of Code A, that's your problem. In the meantime, file that reconsideration form ASAP!
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Luca Esposito
•THIS!! The living arrangement codes are SO important! When we finally got through, they had somehow coded my brother as still living with our parents (he wasn't) AND receiving in-kind support. We had to get them to fix BOTH issues!
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Mateo Rodriguez
have u tried contacing your congressperson? My sister had a mess with SSI that was going on for months and nothing worked until she called our rep's office. They have caseworkers who deal with SS problems and got it fixed in 2 weeks when we couldnt fix it for 6 months!!!
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Sean O'Donnell
•That's actually a really good idea - I hadn't thought about contacting my congressional representative. Did your sister just call their local office? I'm willing to try anything at this point because the overpayment will create real hardship for my son.
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Mateo Rodriguez
•yep just google your congressperson and call their district office (not the DC one). Ask for constituent services for a social security problem. they'll take basic info and have a caseworker call u back usually in a day or two. they have direct lines to ssa that regular people cant get thru
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Nia Thompson
One more thing to clarify about SSI fair share arrangements: When your son pays his fair share of household expenses, he should receive the full SSI Federal Benefit Rate (currently $943/month in 2025) before any deductions for wages. For his wages, SSI has a specific calculation: - They disregard the first $85 in monthly earnings - Then reduce SSI by $1 for every $2 earned above that So if he works 12 hours weekly at say $15/hour, that's about $780/month. The countable income would be $695 ($780-$85), and the reduction would be $347.50 (half of $695). His SSI should be approximately $595.50 ($943-$347.50) if everything is calculated correctly with the fair share arrangement. If he's receiving significantly less, that confirms they haven't properly coded his living arrangement. If your reconsideration doesn't resolve this quickly, consider requesting an informal conference with a technical expert rather than just a case review.
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Sean O'Donnell
•Thank you for breaking down the math! This is exactly what I was trying to explain to them. His current payment is only about $400, which matches what he'd get if they were still counting in-kind support AND reducing for wages. I'll definitely request the informal conference with a technical expert.
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Luca Esposito
Just a warning - even when you get this fixed, be prepared for a mess. When they finally fixed my brother's case, they issued back payments for the months they had incorrectly reduced his benefits, but then sent ANOTHER letter a month later claiming those back payments were issued in error!!! It took another 3 months to sort that out. Save EVERY letter they send you.
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