Legal Question in Social Security Law in California

My husband just passed away at age 67. He was getting Social Security and still working. He has a lien of $8,000.00 against him owed to SS due to overpayment. I am disabled with MS and 64 years old.. I get less than $200.00 a month from SSI and I was getting a SS check on his work record. I was told by SS that I would now be getting his amount because it was higher...but now they tell me that the SS money is frozen until the debt is paid off. I have no other means of income. Can they keep my SS check? I do not know what to do....Please "HELP" Thank you for your time.

Asked on 9/23/11, 3:58 pm

4 Answers from Attorneys

Ben Berkley Benjamin H Berkley, a PLC

you need to immediately go to the SSA office and file a form known as a waiver of overpayment. ON the form you will write that theh overpayment was your husband's and not yours. The SSA will review it and most likely approvve your request. If they do not, you can then ask for a hearing before a judge who will routinely allow the overpayment. Note, once the money is unfrozen, you will be able to collect your widow's benefit. I wish you well and I know it will eventually work out for you but it may take some time.

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Answered on 9/23/11, 4:23 pm
Armen Tashjian Law Offices of Armen M. Tashjian

In addition to asking for waiver of overpayment, file application for benefits, including SSI for yourself. That will afford you independent benefits which could be as high as $850 per month.

Good luck.

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Answered on 9/24/11, 10:30 am

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