Legal Question in Social Security Law in Pennsylvania
Overpayment to Deceased
My mother had cancer and I was her rep payee for SSDI. She passed away on the 17th of the month. SSA has now entered a wage garnishment order for the last check she received for that month. Is there any way to have this overpayment waived? All the bills were paid by the 5th of the month. Also, IRS was taking $600 off the top of the check before it even came to me. SSA wants the full amount of the check.
1 Answer from Attorneys
Re: Overpayment to Deceased
Benefits are payable for the last full month she was alive. So she is not due a check for the month in which she died.
In order for a waiver to be allowed, the receiving party must be without fault and unable to repay. That's a tough standard for a single month check. It would not surprise me if SSA took the position that, as a Rep Payee, you should have known the last check should have been returned. (It's in the Rep Payee instruction booklet)
Try to make payment arrangements with the SSA. You may be able to recoupe your expense from her estate - or from any IRS refund.
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