19. Underpayments and Overpayments

June 8, 2008 by admin

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underpayment ssi for minor son, overpayment for me?

August 23, 2009 by emeralds2009

my son has been disabled since birth. i was disabled since 2002.
i was divorced in 2001. so we were getting alimony and childsupport. i got my ssi in 2004. my alimony was up this may 2009.
i call to see what my ssi and sons ssi would go up to i was informed ON the phone son had a underpayment of $5,919.00. great BUT i had a overpayment of $4,990.00. SSi blamed childsupport/trustee i went there spent hours while the trustee figured out everything. amounts did not add up. SSI estimated on there part. Should NEVER have been a mistake. i dont work. only support from ex. I NEVER HAVE got ANYPAPER work from Social Secuity showing me why. just that a fed worker i have to ask her to use any of the money in my minor sons saving account and SHE will ok or deny it. He gets his reg monthly check(which went up sence i no longer get alimony). i get a check that went up but they aree taking 10% out every month for what she for ever.
She will not send any papers. i hired my own lawyer to help me.
but why do i have to ask her perrmission to use sons money for the things he wants or needs? i have never misused any money.
please help if you can
thank you

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Money for benefit of son

August 23, 2009 by admin

Sorry, I don't think we can help with this. As far as your son, it sounds like he may have a representative payee who will "ok or deny" requests from you to use the funds for his benefit.

Per Social Security, the Administration will generally look to family or friends to serve as a representative payee, so it's a bit irregular if you, the mother, is not the representative payee.

Here are some links that may be of use:
http://www.ssa.gov/payee/faqrep.htm
http://www.ssa.gov/payee/faqbene.htm
http://www.ssa.gov/oig/hotline/repayee.htm

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HOW CAN SSI KEEP UNDERPAYMENTS OF THE DECEASED?

September 30, 2009 by Guest

My father died recently he has an underpayment of 11,000, but SSI will not pay because his surviving children are over 18; my mom died in 1991. Who do they took care of him the 24 months of back pay that they owed him? He had no income and could not work, therefore us children took care of his needs. Can you please tell me if SSI can keep an underpayment benefit and not issue it?

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Underpayments due a decedent

September 30, 2009 by admin

I've seen evidence indicating that underpayments can be paid to children upon the death of the original intended recipient.

From http://www.ssa.gov/oig/ADOBEPDF/audittxt/A-09-07-17119.htm :

Death underpayments occur when beneficiaries die before they receive all benefits due them or before they endorse a benefit check payable before the month of death. Death underpayments are payable to relatives or the legal representatives of the estates of deceased beneficiaries under the following order of priority established by the Social Security Act.

1. A spouse who was living with the beneficiary at the time of death or a spouse entitled on the same earnings record at the time of death.
2. A child entitled on the same earnings record.
3. A parent entitled on the same earnings record of the deceased person.
4. A spouse not entitled on the same earnings record.
5. A child not entitled on the same earnings record.
6. A parent not entitled on the same earnings record.
7. A legal representative of the estate.

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