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YOU AND THE LAW
SOCIAL SECURITY TURNS BENEFITS ON AND OFF
"Most people get their Social Security benefits without any problems. The system works surprisingly well. But not perfect. Don't assume that the decisions made by the Social Security Administration are always correct.
Lets take a look at one recent Ohio case that illustrates some of the flaws in the system. Sally, who asked that her real name not be used, paid into the Social Security program throughout her working career. In May 1991 she visited her local Social Security office to let them know that her retirement would start Jan.1,1992. She contacted them again near the end of 1991. But in January 1992, to Sally's surprise she received no check. Sally contacted Social Security and she was told to contact the Railroad Retirement Board because her late husband had worked for the railroad. The Railroad Retirement Board sent her back to Social Security. Sally made repeated calls to both offices, yet February came and she still received no checks.
She didn't get her first check from Social Security until the end of April 1992, and that only after contacting the offices of her U.S. congressman and senators. Her Medicare coverage didn't begin until July six months overdue.
Sally received a letter from Medicare saying she may be entitled to both Social Security and railroad benefits, and in March 1993 she began receiving a second monthly check one from railroad and one from Social Security, each in different amounts. In April 1993, Sally received a letter from the Social Security Administration saying she received a small overpayment but confirming she was entitled to the two monthly checks.
For three years Sally received both checks without problems. In March 1996, she received a notice from Social Security again advising her of her entitlement to both benefits. But shortly thereafter, Social Security sent Sally another letter, this time telling her that she was only entitled to Social Security and that she had been overpaid $35,095. Unfortunately, Sally didn't have that money. Believing she was entitled to the checks sent to her she spent them.
As a "courtesy" Social Security decided simply to take Sally's future monthly checks until the $35,095 had been repaid. This could have been a disaster, because Sally needed that income to live on.
Federal law prohibits the government from taking steps to recover an overpayment, if two elements are satisfied: the recipient was without fault and recovery would be "against equity and good conscience."
At Sally's first appeal hearing, the administrative law judge determined that Sally was at fault for receiving the overpayment. The judge indicated that Sally should have known that she was not entitled to checks both from Social Security and the railroad.
At her next appeal, the U.S. District Court reversed and found that Sally was without fault. Sally worked under Social Security, her late husband paid into the railroad system and there was no reason for Sally to know she wasn't entitled to checks. Infect letters from the government seemed to confirm that Sally would be entitled to payments under both retirement programs.
After years of fighting with Social Security, Sally finally won. But the experience was a nightmare. The government makes mistakes. And when it does, it can take all the security out of Social Security."
The above article was printed special in the Plain Dealer, Cleveland, Ohio in the spring of 2003.
We hope the following information is helpful should you find yourself in a similar situation. We realize everyone makes errors BUT if a Social Security worker makes the mistake the retired senior should not be held responsible for any overpayment.
SOCIAL SECURITY – OVERPAYMENT and the FEDERAL LAW
Almost from the beginning of the our endeavors to change or repeal the GPO/WEP we received letters describing the nightmare of receiving that dreaded letter from SS that starts out “We are writing to give you new information about the widow’s benefits which you receive on the Social Security record. In the rest of this letter we will tell you:
· How we paid you $ 5,531.00 too much in benefits and
· What to do if you think we are wrong about the overpayment”
This has been a sideline project for me and because of Arlene Gregerson, from Parma who sent in an article “You and the Law” you will be given information that may help if that dreaded SS letter ever arrives. The article describes how Mr. Armond Budish with the law firm Budish&Solomon, LTD, in Pepper Pike helped Sally when she was given misinformation and for three years received SS and a check from her husbands Railroad Retirement. Her “We are writing to tell you” letter stated she had been overpaid “$35,095. The article continues “As a “courtesy” Social Security decided simply to take Sally’s future monthly checks until the $35,095 had been repaid. Federal law prohibits the government from taking steps to recover an overpayment if two elements are satisfied: the recipient was without fault and recovery would be “against equity and good conscience”
The following is the information Mr. Armond Budish kindly provided.
Check 20 CFR 404.506. CFR is the Code of Federal Regulations. Also 20 CFR 404.509, 510, and 512. Check the Social Security Handbook 1919, Underpayment and Overpayment. Call your main library and ask for the Government and Law department and give them the information. Ask they make copies for you and send them to the nearest library where you live. There will be a 10-cent charge per page. The law is not confusing to read. We have printed this suggestion before and say it again. When you report your cost of living to SS always ask the worker to sign your form, date it and stamp the office address. If you send in your information ask that the person who is recording the information to sign, date and stamp your form. Write your request on the same form that has your cost of living information so there will be no doubt you made the request. I hope this information is helpful and again I want to thank Mr. Budish for his help. Eileen Ryan
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