Social Security overpayment notice after ex-husband died - survivor benefits suddenly reduced

Your sister needs to request to speak with a Technical Expert or Claims Specialist immediately. This sounds like a classic case of system error where they're treating her as if she was receiving improper benefits before her ex passed away, when actually those earlier benefits were likely correct divorced spouse benefits (if they were married 10+ years). When the system converted to survivor benefits, something likely got flagged incorrectly in their automated review. The Claims Specialist can pull up the entire history and see exactly what happened. She should bring: 1. The overpayment notice 2. Any award letters showing her previous benefit amount 3. Death certificate of ex-husband if she has it 4. Marriage/divorce documents If she can't get resolution in person, she absolutely must file a Request for Reconsideration (Form SSA-561) within 60 days. Don't let her just accept this - it's almost certainly an error.

OMG this EXACT thing happened to my aunt!!! The SSA messed everything up when her ex died too and sent her a huge overpayment notice. It took like 2 months to fix but she finally got it straightened out. They kept saying she wasn't eligible for survivor benefits from her ex but she totally was. The system is so broken!!!! Make sure she DOESN'T agree to any repayment plan until she gets this resolved. Once you start paying they treat it like you're admitting you owe it. The people on the phone couldn't help my aunt at all - she had to go in person and then request a supervisor.

There's a technical issue happening here that I can explain. When someone switches from divorced spouse benefits to divorced survivor benefits, the system sometimes incorrectly calculates as if they were getting the wrong benefit amount all along, rather than recognizing it as a status change following death. Here's what's likely happening: The system is treating her as if she was wrongfully collecting survivor benefits before he died (which would indeed be improper), rather than correctly transitioning from divorced spouse benefits (pre-death) to divorced survivor benefits (post-death). This is actually a known issue that's been appearing in the SSA's automated systems. Your sister should: 1. Request a detailed explanation of the calculation in writing 2. Ask to speak with someone who specializes in dual entitlement cases 3. Get a Benefits Planning Query (BPQY) to see exactly what's in her record 4. File an appeal using Form SSA-561 while simultaneously requesting a waiver (Form SSA-632) Don't panic - this is fixable but requires getting to the right person.

has anyone tryed calling them?? my brother waited 4 HOURS last week just to talk to somone about his disability check!!! its ridiculous!!!

wait a minute was she already getting survivors benefits from him BEFORE he died??? that would be fraud and explain the overpayment. but if she was just getting divorced spouse benefits before (which is what it sounds like) then she should be getting MORE money now not less as a survivor. survivors usually get 100% of what the deceased person got.

The timing of the overpayment notice is suspicious - January to June, but he died in July. This strongly suggests a system error. The most likely explanation is that when they processed the survivor benefits, something triggered an incorrect review of her prior benefits. I've seen cases where the SSA's internal systems failed to properly code the transition from divorced spouse benefits to divorced survivor benefits, especially when the death report comes through a different channel than the survivor benefit application. Your sister should be entitled to the higher of either: 1. Her own retirement benefit 2. Up to 100% of her ex-husband's benefit as a divorced surviving spouse The fact that her payment decreased is a red flag. Usually, survivor benefits are higher than divorced spouse benefits (which are capped at 50% of the ex's amount). Make sure she requests a full explanation in writing of how they calculated both the overpayment amount and her new benefit amount. This documentation will be crucial for her appeal.

One more important thing - she should immediately request a "Request for Waiver of Overpayment Recovery" (Form SSA-632) while simultaneously appealing the overpayment. This can stop collection actions while the appeal is being processed. The technical issue here is likely related to how the system handles the conversion from divorced spouse benefits under section 202(b) of the Social Security Act to divorced survivor benefits under section 202(e). If your sister was receiving her own retirement benefit plus a divorced spouse supplement to reach the 50% threshold, the system sometimes miscodes this when converting to survivor benefits and treats the earlier payments as if they were unauthorized.

social security is the WORST!!!! they do this ALL THE TIME and expect elderly people to figure out their mess. my grandma got a letter saying she owed $12k and she almost had a heart attack!!!! turned out they had her birthday wrong and thought she was still working or something crazy.

Important point about the financial aspect: While your sister is appealing this decision, she should prepare for the possibility that her benefits might be reduced temporarily. The SSA sometimes implements the reduction while the appeal is pending. If she's experiencing financial hardship, she should explicitly state this in her waiver request and ask for continuation of benefits during the appeal process. In cases of clear systemic errors like this one appears to be, I've seen the SSA expedite resolution once the right documentation is presented. One last recommendation: If she has documentation showing that an SSA representative told her "it would automatically change to survivor benefits," she should include this in her appeal. These statements from SSA representatives carry weight in the appeal process.

I want to address the math issue you mentioned. You said the $6,000 overpayment doesn't make sense for someone receiving $1,000/month over 6 months. This actually provides a clue. If your sister was receiving approximately $1,000/month in combined benefits (her own plus divorced spouse benefits), and SSA is now claiming an overpayment of around $6,000 for 6 months, that suggests they're treating about $1,000/month of her payment as incorrect. This likely means the system is erroneously treating ALL of her ex-spouse-related benefits as improper, rather than just calculating the difference between divorced spouse benefits (which were correct) and survivor benefits (which wouldn't apply until after his death). This pattern is consistent with a known systems issue where the beneficiary code was improperly changed retroactively. When she appeals, she should specifically request they review the "beneficiary identification code" (BIC) used for her benefits before and after the death.

This exact thing happened to my neighbor and she was about to start making payments until her daughter stepped in! She had to make THREE trips to the SSA office before finding someone who actually understood the rules for divorced survivor benefits. She kept getting shuffled between different people who all told her something different. The person who finally helped her was a Technical Expert who specialized in survivor cases. Your sister should specifically ask for someone with that expertise. And definitely bring multiple copies of EVERYTHING because they somehow kept "losing" my neighbor's paperwork between visits. The whole system is a mess right now with staffing shortages.

As someone who went through a similar situation with my mother-in-law, I can't stress enough how important it is to act quickly but also document everything. The 60-day appeal window is crucial, but here's what I learned from our experience: 1. Make copies of EVERYTHING before you go - the overpayment notice, any previous award letters, marriage/divorce certificates, death certificate. Keep the originals at home. 2. When you call or visit, ask for the person's name and write down exactly what they tell you with the date/time. This saved us when we had conflicting information from different representatives. 3. If possible, go with your sister to the appointment. Having an advocate there helps ensure nothing gets missed and shows the SSA that she has support. 4. Request a "case consultation" with a Technical Expert rather than just talking to whoever is available at the window. This isn't always advertised as an option, but it exists. The good news is that these system errors are being recognized and corrected more frequently now. The bad news is it requires persistence. Don't let them pressure her into agreeing to any payment plan until this is fully resolved. You're doing the right thing by helping her navigate this mess.

I work as a benefits counselor and see this type of error frequently. The key thing to understand is that your sister was likely receiving what's called "dually entitled" benefits - her own retirement benefit plus a divorced spouse supplement to bring her up to 50% of her ex-husband's benefit amount. When he died, she should have transitioned to divorced survivor benefits (up to 100% of his amount), which would normally be HIGHER than what she was getting before. The fact that her payment went DOWN is a major red flag. The overpayment notice for January-June (before his death) suggests their system incorrectly flagged her legitimate divorced spouse benefits as improper survivor benefits. This is a coding error where the system applied the wrong benefit type retroactively. Here's my recommendation: She needs to file Form SSA-561 (Request for Reconsideration) AND Form SSA-632 (Request for Waiver) simultaneously. The waiver can stop collection while the appeal is processed. When she goes to the office, she should specifically ask for a "Technical Expert familiar with dual entitlement cases" and request a complete benefit computation worksheet showing how they calculated both the overpayment and her new benefit amount. Don't let her sign anything agreeing to repay until this is fully reviewed. This sounds like a textbook systems error that should be correctable once the right person looks at her case.

I'm so sorry your sister is dealing with this stressful situation! Based on what you've described, this sounds like a classic system error that unfortunately happens when someone transitions from divorced spouse benefits to divorced survivor benefits. The timing is the biggest clue - an overpayment notice for January-June when he didn't pass away until July makes no sense unless their computer system incorrectly flagged her legitimate divorced spouse benefits as improper survivor benefits retroactively. Here's what I'd recommend she do immediately: 1. **Don't panic or agree to any repayment** until this is fully investigated 2. **File both Form SSA-561 (appeal) and Form SSA-632 (waiver request)** - the waiver can stop collection during the appeal 3. **Request a Technical Expert** who specializes in dual entitlement/survivor benefit cases when she visits the office 4. **Ask for a detailed benefit computation worksheet** showing exactly how they calculated both the overpayment and her new reduced benefit amount The fact that her survivor benefits are LESS than her previous benefits is another major red flag - survivor benefits are typically higher (up to 100% of the deceased's benefit vs 50% for divorced spouse benefits). This is absolutely fixable, but she needs to be persistent and get to someone who truly understands these complex cases. Document everything and don't let them rush her into accepting their initial determination. You're being a wonderful advocate for her!