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<blockquote data-quote="rlsnights" data-source="post: 321906" data-attributes="member: 7948"><p>SSA's letters are meant to be clear but they are often too vague to be really helpful or they are steeped in regulatory language that is less than clear.</p><p></p><p>That's why I point people to their website and make sure you understand that you can always call SSA.</p><p></p><p>We are not payees for our son because we do not want to be in the position of deciding what he gets when. But he is truly incapable at any level of managing his funds and SSA requires that he have an institutional payee, which is a very good thing from our point of view.</p><p></p><p>You may want to consider having your difficult child try using an institutional payee. He can always stop if it is not working out. These programs are often part of a comprehensive support program and provide structure without really controlling what the beneficiary does with much of their benefit. They make sure the beneficiary brings them bills for housing and utilities, usually hold back a small sum for emergencies or changes in basic costs and decide with the beneficiary if the rest of their benefit will go to them in one lump sum at the start of the month or will be distributed differently say weekly in equal amounts.</p><p></p><p>If he had had a payee I doubt he would be in the fix he is now regarding the past wages because as soon as he reported to them that he was employed they would have been on him like a hawk to get them a copy of his pay stubs and helped him report the income to SSA.</p><p></p><p>Finally, he should definitely request a negotiation on the amount of his benefit is being withheld due to the overpayment issue.</p><p></p><p>The 1/3 for housing is pretty much non-negotiable once he reaches the threshhold for that level of deduction.</p><p></p><p>If it has been more than 65 days since they issued the notice about the overpayment, it is too late to appeal that decision. If it has been less than 65 days then you can appeal it based on CFR 20 ss 416.550 - 556.</p><p></p><p>While it may be too late to appeal the overpayment determination, the amount of overpayment deductionmay be negotiable (despite what SSA may have implied about the set 10% deduction). See CFR 20 ss 416.571 for the specific language. He may also want to consider increasing the amount being deducted so he can pay the money back quickly and get his full benefit sooner.</p><p></p><p>You may want to check with SSA about whether drawing up a rental agreement would change the manner in which they deem his housing costs to be sure that they will accept the rental agreement. Remember it must be based on current local market rents.</p><p></p><p>If so, I would draw up the rental agreement and then request a reduction in the monthly overpayment deduction at the same time he notifies them of the change in his housing costs.</p><p></p><p>SSA has the same powers as the IRS to seize property and wages and will use that power if they decide someone is attempting fraud. On the other hand, if you tell them what's going on in advance or promptly you will usually find that they will help you understand the applicable rules and try to find a way to work things out without penalizing you. There are several different generous programs that SSA has to help SSI beneficiaries go back to work. You may also want to familiarize yourself with these programs to see if any of them would be helpful to your difficult child.</p><p></p><p>Good luck.</p></blockquote><p></p>
[QUOTE="rlsnights, post: 321906, member: 7948"] SSA's letters are meant to be clear but they are often too vague to be really helpful or they are steeped in regulatory language that is less than clear. That's why I point people to their website and make sure you understand that you can always call SSA. We are not payees for our son because we do not want to be in the position of deciding what he gets when. But he is truly incapable at any level of managing his funds and SSA requires that he have an institutional payee, which is a very good thing from our point of view. You may want to consider having your difficult child try using an institutional payee. He can always stop if it is not working out. These programs are often part of a comprehensive support program and provide structure without really controlling what the beneficiary does with much of their benefit. They make sure the beneficiary brings them bills for housing and utilities, usually hold back a small sum for emergencies or changes in basic costs and decide with the beneficiary if the rest of their benefit will go to them in one lump sum at the start of the month or will be distributed differently say weekly in equal amounts. If he had had a payee I doubt he would be in the fix he is now regarding the past wages because as soon as he reported to them that he was employed they would have been on him like a hawk to get them a copy of his pay stubs and helped him report the income to SSA. Finally, he should definitely request a negotiation on the amount of his benefit is being withheld due to the overpayment issue. The 1/3 for housing is pretty much non-negotiable once he reaches the threshhold for that level of deduction. If it has been more than 65 days since they issued the notice about the overpayment, it is too late to appeal that decision. If it has been less than 65 days then you can appeal it based on CFR 20 ss 416.550 - 556. While it may be too late to appeal the overpayment determination, the amount of overpayment deductionmay be negotiable (despite what SSA may have implied about the set 10% deduction). See CFR 20 ss 416.571 for the specific language. He may also want to consider increasing the amount being deducted so he can pay the money back quickly and get his full benefit sooner. You may want to check with SSA about whether drawing up a rental agreement would change the manner in which they deem his housing costs to be sure that they will accept the rental agreement. Remember it must be based on current local market rents. If so, I would draw up the rental agreement and then request a reduction in the monthly overpayment deduction at the same time he notifies them of the change in his housing costs. SSA has the same powers as the IRS to seize property and wages and will use that power if they decide someone is attempting fraud. On the other hand, if you tell them what's going on in advance or promptly you will usually find that they will help you understand the applicable rules and try to find a way to work things out without penalizing you. There are several different generous programs that SSA has to help SSI beneficiaries go back to work. You may also want to familiarize yourself with these programs to see if any of them would be helpful to your difficult child. Good luck. [/QUOTE]
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