Social Security Debt of $26,000.00 on a "Overpayment" on Mom of 84 years old: Here's how it happened: Mom was married twice and drew social security off 2nd husband. She divorced 2nd husband 10 years ago, but never told Soc. Sec. that she was divorced. She didn't know she was supposed to, and continued to draw soc. Sec off him.

2009, 1st husband dies so she claims Widows Benefits from Social Security since she was married for 40 years to him. Social security says she can get widows benefits but since she didn't tell them that she was divorced from 2nd husband that she owes them back for benefits she drew off 2nd husband for past 10 years for total of $26,000.00!

Mom asks what would she have drawn from 1st husband for past ten years and they say that she would have gotten $40.00 more a month. Sounds like to me they owe her not the other way around. Social security says that doesn't matter cause this was in the past and that they do NOT owe her, BUT that she OWES them back for "OVERPAYMENT".

They said that she doesn't have any rights to claim for the past ten years social security payments that she had rightfully coming cause it was already in the past, but in their next breath they say she owes them for the past for $26,000.00!

This is the strangest thing I have ever run across and hope that someone has an idea to help us. She has already received her first widow's benefit check but is very worried about her future checks and what they will do. Do you know if they can withhold funds out of her widows benefits check before she gets it? If she doesn't pay them back at all, what can they legally do? One letter she got from the Social Security says that they would keep all of her check each month until the OVERPAYMENT is paid back! Can they do that?? How can they do that to her when that is all she has to get by on?

I just wonder how many other old women they are doing this to and when they made that law? It sure seems unfair. Can anyone help us or know what they will do or have advice for us?? Thanks so much.

Technically they are correct. If she was not married to a person for over 10 years then she would not have been able to legally collect benefits from his account. If she had gotten a divorce prior to being legally married to #2 for 10 years, then she should not have have been able to collect any benefits from #2's account.

She should have collected from #1 as she was married for 40 years to that person. It's a tad too late now to correct this filing error on the part of your mother. And yes, the onus was on her to report the divorce from #2.

I don't know if she will be able to keep collecting benefits until the overpayment is paid back regardless if this is her only income. Probably not. The government goes by their rules. I just got done visiting their office yesterday and having a nice long talk about almost the same thing (but I do not owe them anything) as I have not collected yet from them.

Sounds like mom didn't work but relied on #1 and #2 for her income. Usually the government asks such questions when the person first applies for benefits and decides which husband's account to use.

It's not unfair. It's the law. Just because she did not report the divorce to them really ended up affecting her benefits. Ignorance of the law is not a valid excuse.

Please see

http://www.socialsecurity.gov/retire2/divspouse.htm

For how they determine this. Maybe you'll understand this a bit better.

Yes, I know that ignorance of the law is no excuse. I sure would like to know the statistics on how many old ladys have remarried and done this some exact thing not knowing this rule either. I bet we would be amazed at the number. You know old ladys live longer than old men as a general rule.


I think it is disgraceful of social security to punish the elderly like this!

My mother did work for about 30 years of her life and got a paycheck for it, but of course men have always gotten paid more than women, so there you go. The other years she spent raising 5 kids so she has put in her time, so to speak. Well thanks for advice anyway. I will look into doing a bankruptcy for her to clear this unwarranted debt. Does anyone have feedback for me on trying this to absolve her debt? She lives in Oklahoma. Thanks for any input that can help us.

I used to work for a bankruptcy attorney in Florida. This type of debt cannot be discharged in a bankruptcy proceeding. Sorry.