My daughter, who is deaf, was approved for SSI about 18 months ago. An employee of SSI called us to set up a meeting to set up her payments, talk to us about her back pay etc. I told the guy she would need an interpreter. He said it wasn't necessary. I asked again and he said it was just going to be a short little meeting and she wouldn't need an interpreter.
I don't sign because my daughter has always preferred to talk to me and read my lips. She can't however read everyone's lips. Since I don't sign I couldn't tell her what this guy was saying as he was saying it but had to tell her after he talked when I got a chance.
During this meeting back pay or retroactive pay was discussed. We were told she would receive this in three installments. I understood him to say that my daughter had 18 months after first installment or 9 months after last installment to get her bank accounts below $2000.
She just received her last installment in September. We thought she had until May to be in compliance with their rule. She planned to buy a car with the back pay money. She is in college out of state so she planned to look for a car on Christmas or spring break when she was at home.
In the meantime she got a letter saying she was being "reviewed" by SSI and needed to make an appointment with a certain lady at SSI. When we met with this lady (again with no interpreter) we learned that we had misunderstood what we were told initially about back pay. According to this lady the rule is you have 9 months after "each" installment to get bank accounts below $2000. She asked for authorization to look at my daughters bank accounts up to Jan 1.
On Jan 17 my daughter spent pretty much all of her back pay on a car in order to get her bank account in to compliance.
On Jan 29 the lady from SSI called me and informed me my daughter would be getting an overpayment notice because she had more than $2000 in her accounts during the time periods after 9 months of each of the first two installments of back pay. She said my daughter has to pay back everything SSI has paid her up until now including all monthly payments and all back pay- even the last installment. It has not even been 9 months since last installment of back pay but she says that doesn't matter she has to pay it all back.
I don't believe we were told the correct rules in the first place but even if it was a misunderstanding, it may have been avoided had they provided the interpreter I requested.
I know we can file for reconsideration and/or waiver but this lady has already told me they won't be likely to be approved. I'm wondering how I can use the fact that my daughter was not provided a requested interpreter to fight this notice of overpayment. We can't afford a lawyer.
My daughter hopes to be off SSI in a few years when she finishes college and gets a job. If she has to pay all this back she is going to be saddled with around $30,000 in debt to SSI even when she is off of it.
I don't know what to do. This woman at SSI isn't budging on anything.
I would appreciate any advice.
I don't sign because my daughter has always preferred to talk to me and read my lips. She can't however read everyone's lips. Since I don't sign I couldn't tell her what this guy was saying as he was saying it but had to tell her after he talked when I got a chance.
During this meeting back pay or retroactive pay was discussed. We were told she would receive this in three installments. I understood him to say that my daughter had 18 months after first installment or 9 months after last installment to get her bank accounts below $2000.
She just received her last installment in September. We thought she had until May to be in compliance with their rule. She planned to buy a car with the back pay money. She is in college out of state so she planned to look for a car on Christmas or spring break when she was at home.
In the meantime she got a letter saying she was being "reviewed" by SSI and needed to make an appointment with a certain lady at SSI. When we met with this lady (again with no interpreter) we learned that we had misunderstood what we were told initially about back pay. According to this lady the rule is you have 9 months after "each" installment to get bank accounts below $2000. She asked for authorization to look at my daughters bank accounts up to Jan 1.
On Jan 17 my daughter spent pretty much all of her back pay on a car in order to get her bank account in to compliance.
On Jan 29 the lady from SSI called me and informed me my daughter would be getting an overpayment notice because she had more than $2000 in her accounts during the time periods after 9 months of each of the first two installments of back pay. She said my daughter has to pay back everything SSI has paid her up until now including all monthly payments and all back pay- even the last installment. It has not even been 9 months since last installment of back pay but she says that doesn't matter she has to pay it all back.
I don't believe we were told the correct rules in the first place but even if it was a misunderstanding, it may have been avoided had they provided the interpreter I requested.
I know we can file for reconsideration and/or waiver but this lady has already told me they won't be likely to be approved. I'm wondering how I can use the fact that my daughter was not provided a requested interpreter to fight this notice of overpayment. We can't afford a lawyer.
My daughter hopes to be off SSI in a few years when she finishes college and gets a job. If she has to pay all this back she is going to be saddled with around $30,000 in debt to SSI even when she is off of it.
I don't know what to do. This woman at SSI isn't budging on anything.
I would appreciate any advice.