Legal Question in Social Security Law in Missouri

Waiver of overpayment of SSA disability benefits
I have full custody of my 14yr. Old son since he was 3mo old. For about 10yrs, I received a monthly check for him due to a disability claim his mother filed with the SSA in her behalf. In Feb/2000, the SSA sent a letter stating that due to their examination of my son�s mother disability claim that her son was not eligible to receive benefits since 1995, because of her work record, and I would need to repay the benefits dating from May/1995-Jan/2000, $13,500. I have not been involved with my son�s mother or know anything about her personal life or working status for over 14yrs. She�s not involved in her son�s life. I�ve talked to SSA over the yrs. about how and why was my son eligible for these yearly increased benefits since I did not ask for them and he�s not disabled. The SSA told me that since his mother was eligible for SSA disability benefits this made her son entitled to some benefits as well. Even though her son was born out of wedlock, all the mother�s children are entitled to equal benefits. Can I file a waiver that states the person (me) who maybe liable (am I) for repayment is without fault? The facts are that I know nothing about her SSA disability claim record or her past work record.

Asked on 3/16/00, 4:37 pm

James Grissom Law Office of James P. Grissom

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Re: Waiver of overpayment of SSA disability benefits

You must ask for an administrative hearing and show all facts which would support your contention of no-fault.

Answered on 3/26/00, 11:38 am

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