Please reload

Who Is Liable for SS Overpayment, a Beneficiary, or his Representative Payee?

Question: 

 

I was the Rep Payee for a person receiving SSD.  He has since passed and now he has received a notice of overpayment.  Am I liable?

 

Answer:

 

That will likely depend on the specific facts on which there came to be an overpayment.

 

"A beneficiary and/or a representative payee receiving retirement, survivors or disability insurance, benefits on behalf of a beneficiary or SSI, may be equally liable for repayment of any overpayment received, as follows:

 

A. The beneficiary is liable if he or she received the benefit of the monies;

B. The representative payee is personally liable if he or she:

1. Was at fault in creating the overpayment; or

2. Did not apply the monies for the beneficiary's use and benefit."

https://www.ssa.gov/OP_Home%2Fhandbook/handbook.19/handbook-1906.html


Since the Beneficiary is deceased, his liability will become a liability of his estate.

 

Please reload

Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square
Social Security Disability

Stephanie O. Joy

SSD/SSI Attorney

Check out our one of a kind Pre-CDR Protection Service!

Contact Us Now

© 2014-2017 Joy Disability, Stephanie O. Joy, Esq.     >>>     Call us: 201.317.0610      >>>     Email us: stephaniejoy@joydisability.com