If I received Social Security benefits when I was child, am I responsible for an overpayment?

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If I received Social Security benefits when I was child, am I responsible for an overpayment?

When I was 15, 16, etc. My mother was receiving Social Security benefits. I never personally collected on the benefits; my mother was the one always cashing the checks because I was her dependent. Now, the Social Security Administration is telling me that I have an overpayment amount due because they “over paid me” and I personally have to pay them back. Is this fair/correct? Shouldn’t this notice go to my mother?

Asked on August 8, 2011 Maine

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you never actually received payments from the Social Security Administration, but rather your mother did as your guardian, fairness dictates that you should not be personally responsible for repayment since you were a minor at the time of the alleged overpayment.

You should call the Social Security Administration at 1-800-772-1213 to inquire about a waiver of the claimed overpayment made on your behalf stating the reasons why you should not be responsible forthis overpayment.

If you have not spoken with your mother about the notices you have received from the Social Security Adminsitration, you should so you have a better understanding of the amounts paid, when they were paid, what the payments were for and what the checks were used for by your mother.

Good luck.


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