QUESTION
Can the government ask for money back that was given out for SSI?
Asked on Aug 08th, 2012 on Bankruptcy - New Jersey
More details to this question:
My wife has been diagnosis with severe depression and we applied for SSI. She was collecting some money, now the government is asking us to pay all that money back.
7 ANSWERS
Dennis P. Mikko
If she is ultimately found to be not eligible after receiving benefits, the government can ask to be reimbursed.
Answered on Aug 15th, 2012 at 11:52 AM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Fed can clawback any overpayment or incorrect benefit payment
Answered on Aug 15th, 2012 at 11:51 AM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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If the government has overpaid benefits to your wife they are entitled to recover it from her. I don't believe that you would be responsible for the debt unless the government could trace the money that was overpaid to you. You could take the position that you were an innocent spouse.
Answered on Aug 15th, 2012 at 11:16 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Yes if she was not eligible in the first place they can ask for repayment.
Answered on Aug 14th, 2012 at 11:19 PM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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If the money was obtained under false pretenses, then of course the government can seek repayment. Failure to do so could result in criminal charges. Likewise, if there was an error in payment (i.e., an overpayment) again the government can seek repayment, although such a circumstance would not seem to warrant criminal liability.
Answered on Aug 14th, 2012 at 9:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, generally. Hire an attorney to review the situation and provide an opinion if their claim is proper.
Answered on Aug 14th, 2012 at 8:43 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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If the government has determined that she was not qualified, then they can ask for a refund of the funds.
Answered on Aug 10th, 2012 at 1:40 PM