Social Security claims my adult disabled son's benefits caused $6,090 overpayment since 2018 - can I get this waived?

You should absolutely apply for an overpayment waiver using Form SSA-632 (Request for Waiver of Overpayment Recovery). Based on what you've described, you have a good case for "not at fault" since SSA made the error in not properly transitioning your son's benefits when he turned 18. The weird thing is this sounds like a systems issue on their end with the adult disabled child benefit conversion. When a child on benefits turns 18 and is disabled, they should continue receiving benefits on your record if the disability began before age 22. Also, you mentioned back payments owed to him of $5,548 against the $6,090 overpayment. You're right to ask for an offset - that would leave only about $542 difference.

I had a similar situation with my daughter who has Down syndrome. When she turned 18, SSA's computer system automatically terminated her benefits, even though she qualified for continued benefits as an adult disabled child. It took me MONTHS of calls to get it fixed. The problem is their automated system treats turning 18 as a termination event, but doesn't automatically apply the adult disabled child rules even when they have all the disability information in their system. Request a waiver, but also request a detailed explanation of HOW the overpayment occurred. The fact that they're now acknowledging he qualifies for adult disabled child benefits means they're admitting their error.

When you go to appeal this, make sure you focus on the "not at fault" criteria. Based on what you've said, this was clearly their error, not yours. Also, keep in mind there are TWO parts to getting a waiver: 1) proving you weren't at fault AND 2) showing that repayment would cause financial hardship OR be against equity and good conscience. Document everything! Their error in not properly converting your son to adult disabled status when he turned 18 is THEIR mistake, not yours.

ughhhh the SSA computers are THE WORST!!! this exact thing happened to my brother's kid too. took like 9 months to fix. they want u to pay for THEIR mistake!!! ridiculous!!

Try calling SSA directly to discuss this situation and request an immediate review. I know from experience that reaching them can be nearly impossible, but I recently discovered a service called Claimyr that got me through to a live SSA agent in under 10 minutes instead of waiting on hold for hours or getting disconnected. You can see how it works at https://youtu.be/Z-BRbJw3puU and sign up at claimyr.com. It was a lifesaver when I had a complicated overpayment issue with my wife's survivor benefits that needed immediate attention. Once you get through to a live person, specifically ask to speak with someone in the Processing Center (not just the field office) who handles Adult Disabled Child benefit cases.

WAIT! Before you do anything else, request a WRITTEN explanation of the overpayment calculation! I've dealt with overpayment notices before and sometimes they're just flat-out WRONG. Don't assume the amount they're claiming is correct. Make them explain EXACTLY how they calculated both the $6,090 overpayment AND the $5,548 they supposedly owe him. There could be calculation errors in BOTH numbers!

When my son turned 18 (he has autism too), we went through something similar. What helped us was bringing a printout of POMS section DI 10115.001 (that's the SSA's internal manual) about Childhood Disability Benefits to our appointment. It specifically covers the continuation of benefits when a child turns 18 and is disabled. The rep was actually impressed we knew about this and it helped resolve our issue much faster. Also, be sure to find out if they'll stop collection actions while your waiver request is pending - they should, but sometimes you need to specifically ask.

my cousin works for ssa and says they're TOTALLY BACKED UP with these kinds of cases. the computer system automatically cuts off kids at 18 and then humans have to manually fix it for disabled kids. they're like 2 years behind on fixing these!! its not right but thats how it is

One more thing to consider - if your son qualifies for both SSI and disabled adult child benefits (CDB/DAC) on your record, there are complicated rules about which pays first. If the SSA retroactively determined he was eligible for the higher DAC benefits on your record after initially putting him on SSI, this could explain part of the confusion with the overpayment and underpayment notices. When he gets DAC benefits on your record, this can reduce or eliminate his SSI, but might result in a higher total payment. It's extremely complex and SSA reps often get confused themselves about how these programs interact.