I live in Florida and I am a Representative Payee for my disabled son. He has been working since 2019 and has been

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Customer: I live in Florida and I am a Representative Payee for my disabled son. He has been working since 2019 and has been receiving overpayment repayments from SSI since beginning work. In early 2020 the repayment amount almost reach $1800.00 which I decided to Hold funds in the RP account to payback the overpayment. As a result, and after a requested review by an SSI representative to see if he was working too much to receive SSI any longer, they stopped is SSI because his RP and checking account had the Held funds which put his entire SSI over the allotted 2K.Since then I have done what they call a spin down to reinstate his SSI which was completed immediately and he was reinstated immediately. They have requested greater than $4,500.00 and growing to payback everything they paid him since 2019 since working, in addition to their two-month lag time in reporting and calculating his monthly income which has also posed great concern over their accounting and my inability to figure out how they are accruing this growing debt.I immediately appealed the decision and was denied. The Representative clearly did not read the 500 page brief that was carefully and transparently organized and presented. Once completing the spin down I also requested a waiver and a reconsideration in front of a Judge. The waiver was initially denied and an "appointment to discuss the waiver and present the information they never read is scheduled for next week which appears to be the way they are going to review obtaining a waiver??.A couple of main points.
1. I have requested greater than 18 times to receive an accounting of their totals and how they arrived at those totals. Which, to date, I still have not received.
2. I made a manual payment of $500.00, 5/21 which I confirmed cleared by my bank by SSI, however, that payment has never been applied to my son's overpayment amount. Or at the least the greater then 10 Representatives I spoke with and certified formal requests for an accounting of my son's records were never received or sent nor has anyone been able to confirm that the $500.00 dollar manual payment was ever applied to his overpayment.
3. In spite of creating a brief substantiating my evidence of Holding Money for repayment, the Rep that denied the initial appeal stated, that I was Holding Money in ANTICIPATION OF AN OVERPAYMENT. Which is evidenced of his lack of review of the greater than 500 pages within the context of the brief that was sent certified.Questions:
I would like to get some advise on how to proceed with the waiver.
I would like to know how to remove myself from being an Representative Payee as this whole matter has and continues to cause both myself and my son great grief.
I would like to know how to stop my sons disability. This matter since going to work (which saved his life), has caused more grief and debt then ever imagined.
Answered by JKEsq in 7 mins 1 year ago
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JKEsq
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JKEsq, Expert

Hello, my name is ***** ***** welcome to JustAnswer.  I will be the attorney assisting you today.
I’m sorry to hear that you are having these legal troubles. I know that can be frustrating. Hopefully, we can get this resolved quickly. I will attempt to respond quickly to every one of your posts, but if not, please be patient, and I promise I will get back to you as soon as possible.

Why did the amount get so high? Were there further overpayments or penalties?

Customer
my so started working in 12/2019. He was receiving monthly SSI in Florida. SSI's calculations of his monthly income runs 2 months behind. So My monthly reporting of his wages were not considered for two months. So it looks like within the first 3 months of his working he accrued approximately $1500 in repayments. That number continued to fluctuate as my Son works at Publix and has different hours weekly.
Customer
As a result of this growing overpayment, I held funds in his account (to be transparent and not comingle funds), and when they did a review saw that there were over 2,000 in his account and demanded that my son and myself, his rp, repay everypayment made since 12/2019, in addition to all the overpayments and repayments due to SSI's questionable accounting practices. Please note, I have requested a full audit / accounting of this matter since 2019 and have never received any type of accounting details. Further, I made a manual payment 5/2021 towards the overpayment amount and to date have never been able to calculate the repayment or have received any type of accounting.
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JKEsq, Expert

Got it.   I would STRONGLY suggest getting a lawyer involved.  I know it is not a lot of money but you are dealing with the feds and a judge here, and them claiming something fishy was going on.  That is not something you want to try to fight out of yourself; especially if there is a hearing/appointment set.

In terms of stopping it, from their site:

"if you realize that you've been overpaid or that you're at risk of being overpaid by Social Security due to your substantial work activity and wages, you may be able to request that your SSDI payments be suspended.

A voluntary request for suspension to avoid or reduce a possible overpayment may be processed if you:

Completed the grace period after your Trial Work Period (TWP); or

Are not entitled to a TWP; or

Are in the Expedited Reinstatement (EXR) initial reinstatement period.

Please contact 1-***-***-**** or your local office to learn more about how to request that Social Security suspend your benefits."

You would have to contact them, which may simply be able to be done via this appintment/hearing.

But unfortunately this is not a case review or consutliaton, this is only a basic Q&A site.  We cannot directly help you with your case or give you legal advice.   See the site terms of service https://www.justanswer.com/info/terms-of-service#information

“For example, Experts in the Legal category will provide only general information about the law, and will not provide legal advice nor propose a specific course of action for a Customer.”

Customer
OK Thanks.
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JKEsq, Expert

You're very welcome.

Customer
There is a hearing set for a waiver review. There is also a unscheduled request for a second appeal .
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JKEsq, Expert

I understand but I cannot review your case here.  This is a Q&A site and you need representation here.

Customer
can you refer me to any attorney in this area?
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JKEsq, Expert

You can find a highly-rated local lawyer on a lawyer review site like Avvo.com for your city. You can also use https://find.lawyer.com/justanswer.php?1 which will get you a free consultation as well as 25% off legal fees for being a JustAnswer member. If you cannot afford a lawyer and are low/no income, then you can search your county legal aid office on Google for their contact information and contact them for some free legal help.

You can also use the Bar for that https://lrs.floridabar.org/.   The Bar regulates lawyer referral and this site is not a licensed referral service so we cannot give specific names as that would be illegal in FL.

Customer
OK Thanks.
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JKEsq, Expert

You're very welcome. It was my pleasure. If you need anything at all in the future, please don’t hesitate to reach out.

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