If my wife’s now deceased dad overdrew Social Security when she was a minor, can SSA legally insist that my wife is liable for repayment?

UPDATED: Jan 25, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 25, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my wife’s now deceased dad overdrew Social Security when she was a minor, can SSA legally insist that my wife is liable for repayment?

Shortly after my wife and I got married in 2009 (while I was deployed to Afghanistan) she received a letter from the Social Security Administration saying she owed them over $18,000. She has appealed it but they insist that she has to pay it. It turns out that when my wife was a minor her dad overdrew social security (I am unsure exactly how he did it). She was unaware. He passed away in 2007. They are saying she owes SSA for what her father did. She is going to court next month to fight it. What can she do?

Asked on January 25, 2011 under Bankruptcy Law, Alaska


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your situation.  Your Father in Law some how managed to commit some form of fraud against social security but under your wife's social security number. I really think that you need to know what the specifics of the matter are here (you state that you are unsure exactly how he achieved this when she was younger) in order to be able to determine the oath that you need to take to fight it.  If she was a child and had no ability to fill out paperwork and make claims then she may be able to find a way out of this mess.  Seek legal help here.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption