Social Security demanding repayment for 47-year-old student benefit overpayment - can they do this?
Just received the most ridiculous letter from Social Security. They're claiming I owe them $244 from an overpayment in 1978 when I was receiving student benefits! My mom was collecting disability after her workplace injury, and I qualified for auxiliary benefits while attending college full-time. The letter states I wasn't eligible for payments during summer semester because I dropped below full-time status (which I honestly don't even remember). My parents handled all this paperwork back then, and they've both been deceased for over a decade now. I have ZERO documentation from 47 years ago! How can SSA suddenly decide, nearly half a century later, that I owe them money? Is there a statute of limitations on these things? Anyone dealt with ancient overpayment claims like this? I'm completely blindsided and don't know if I should just pay it or fight this absurdity.
20 comments
LilMama23
WOW this is CRAZY!!! I didn't even know SSA could come after people for stuff from the 1970s!!! The government always finds ways to get their money, don't they? I'd be FURIOUS if I were you. They probably spent $1000 worth of employee time to track down your $244! The whole system is broken. I had to deal with them when my husband passed away and it was a NIGHTMARE trying to get survivor benefits started. Took 6 months and they kept losing my paperwork!
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Aisha Patel
•It really is bizarre. I'm wondering if there's any kind of time limit on when they can collect. I mean, all the evidence and witnesses (my parents) are long gone!
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Dmitri Volkov
This actually happens more than people realize. Social Security doesn't have a statute of limitations for collecting overpayments. They can legally pursue collection indefinitely. However, you do have options: 1. Request a waiver (Form SSA-632) - if repayment would cause financial hardship or if you weren't at fault (which sounds like your case since you were a student and your parents handled everything) 2. Request reconsideration (Form SSA-561) - if you believe the determination is incorrect 3. Set up a payment plan if needed You have 60 days from receiving the notice to request reconsideration or waiver. I'd recommend gathering any evidence you might have about your student status during that period, though I understand that's difficult given how much time has passed.
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Aisha Patel
•Thank you for this information! I honestly have nothing from that time period - no transcripts, no financial records, nothing. Is it worth pursuing a waiver even without documentation? Would they really expect someone to have paperwork from 47 years ago?
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Gabrielle Dubois
my cousin got a similar letter but it was only from 2018. she just paid it because she said fighting it wasnt worth the stress. only $244 might be easier to just pay and move on with your life honestly
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Aisha Patel
•That's what I'm trying to decide. Part of me wants to fight it on principle, but the other part just wants it to go away. Did your cousin try to negotiate at all?
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Tyrone Johnson
I experienced the same exact thing last year! Mine was from 1981 when I received student benefits under my disabled father. SSA sent me a notice claiming I owed $325 for months I wasn't enrolled full-time. Here's what worked for me: I filed the SSA-632 waiver form AND called SSA multiple times until I found someone helpful. The key argument that worked was "administrative finality" - basically arguing that after so many years (usually 4), determinations should be considered final unless there's fraud involved. They eventually approved my waiver because: 1. I wasn't at fault (was a student, parents handled everything) 2. Collecting would be "against equity and good conscience" given the extreme time passage Don't just pay it - file that waiver! But good luck getting through to SSA on the phone. I spent weeks trying.
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Aisha Patel
•This is incredibly helpful! I've never heard of "administrative finality" but that makes complete sense. Did you have to provide any documentation from your student days when you filed the waiver?
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Ingrid Larsson
not to change the subject but this reminds me of when my grandma got a letter about her medicare premium going up because of her income from 2 years ago when she sold her house. they always look backwards at everything! the government never forgets anything when they want money lol
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Carlos Mendoza
I struggled with getting through to SSA for weeks when dealing with my disability review. After multiple disconnected calls and hours on hold, I finally tried this service called Claimyr (claimyr.com). They somehow get you through the phone queue and connected to an actual SSA representative. Saved me hours of frustration. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU - might be worth checking out if you're filing that waiver and need to talk to someone. For ancient cases like yours, I think talking to a real person is the only way to get this resolved properly.
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Gabrielle Dubois
•does that actually work? i tried calling ssa like 10 times about my retirement application and kept getting hung up on after waiting forever
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Carlos Mendoza
•Yes, it definitely worked for me. I was skeptical too but was desperate after trying for days. Got connected to an actual person in about 25 minutes instead of the 3+ hours I was experiencing before - or worse, getting disconnected. For something complicated like this 47-year-old claim, I think talking to a real person is the only way to sort it out.
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Zainab Mahmoud
I'm a retired SSA claims specialist, and I can tell you that overpayment cases from this far back are extremely unusual but not unheard of. They typically surface when SSA conducts system-wide audits or modernizes certain record systems. My advice: Absolutely file the SSA-632 waiver form. In section 3 where it asks why you believe you shouldn't have to repay, emphasize: 1) The extreme passage of time (47 years) 2) That you were a student dependent, not the primary beneficiary 3) Parents who managed the benefits are deceased 4) No reasonable person maintains records for nearly five decades 5) Mention "administrative finality" specifically In my experience, overpayment waiver requests for very old student benefit cases like yours are frequently approved, especially with the combination of factors you've described. Don't pay this without pursuing the waiver first.
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Aisha Patel
•Thank you so much for this insider perspective! This really helps me feel more confident about filing for a waiver. Should I also file for reconsideration simultaneously, or just focus on the waiver?
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Zainab Mahmoud
To answer your follow-up question - I'd recommend filing both the reconsideration (SSA-561) and the waiver (SSA-632) simultaneously. The reconsideration challenges whether the overpayment actually occurred, while the waiver asks them to forgive it regardless. This two-pronged approach gives you the best chance of success. Also, when you submit these forms, request a copy of your claims folder regarding this particular overpayment. They should have some record of what triggered this determination after so many years, and you have a right to see it.
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Aisha Patel
•I'll definitely take your advice and file both forms. I'm really curious what suddenly triggered this after all these years. Requesting the claims folder is a great idea - thank you!
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Tyrone Johnson
Quick update on my experience - after my waiver was approved for that 1981 overpayment, I asked the SSA rep what caused these ancient claims to suddenly appear. She explained that SSA has been digitizing old paper records, and sometimes these conversions flag previously undetected issues in their automated systems. So it's not that they've been sitting on this for 47 years - their system likely just identified it during some database modernization. Still frustrating, but at least explains the bizarre timing.
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LilMama23
•OF COURSE this is happening because of computers! They care more about their automated systems than actual HUMANS. So typical of government agencies these days. No common sense at all!!!
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Aisha Patel
UPDATE: I filed both the waiver and reconsideration forms yesterday. The SSA office actually had a helpful person who explained they're seeing several of these old student benefit cases right now due to a system modernization project (just like @RetirementPlanner mentioned). She seemed to think the waiver had a good chance of approval given the time passage and that I was a dependent student. I'll update again when I hear the final decision. Thanks everyone for your advice - I feel much more confident about handling this now instead of just paying it out of frustration!
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Dmitri Volkov
•Glad to hear you're making progress! One more tip: make sure to keep copies of everything you submit and get a receipt or confirmation number for your waiver and reconsideration requests. These things have been known to get lost in their system, especially during transitions like the digitization project they're working on.
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