IRS took son's refund because of SSI overpayment?

Can't help you without knowing the reason for the overpayment. Was he overpaid because he worked and earned too much and didn't report it? Even though he had a payee it was his responsibility to report any event which would cause an overpayment.

To be quite honest, I find it hard to believe that he would be living with you for a year without him or you contacting social security to file to be his payee or not receiving the benefits. Unless you can prove it, they have no option but to assume that your son benefited from the payments which were being made. I find your allegation pretty hard to believe.

It would be a rare person indeed who no longer lived with a girlfriend but continued to let her receive the checks on his behalf. Most people would be contacting social security immediately and screaming bloody murder that someone was getting their checks who shouldn't have been. It wasn't up to the girlfriend to report that he moved out. You or your son should have contacted social security to file to be his payee.

It isn't up to Social Security to prove where your son lived or whether or not he benefited from the payments. It is up to your son to prove otherwise. Even if you can prove that he didn't live with his payee that doesn't mean that his payee kept the money for herself. The overpayment will still exist and must be paid back if it can't be waived because he was not at fault in having caused it and they will receive any IRS refunds until it is paid back. Of course, he can always make arrangements to pay it back in monthly installments if he can't prove that he was without fault in having caused the overpayment in the first place and that he didn't receive the benefits.

I know this isn't the answer you wanted to hear. I suggest that you consider getting an attorney because you really need one.

Easy Come, Easy Go? Nice while it lasted? I'm not sure of the proper response.

Missing so much information....Why is he receiving SSI checks? Why would a "friend" be a payee and not him?

Why wasn't this brought up the Day he was "kicked out" by the Payee?

I really hope you know that I am compassionate for anyone really needing assistance, but you see SO Many folks that are Bilking the System, looking for help to learn NEW WAYS to get more for free, so we get JADED and Weary.

More information would help with a good answer, other than my cynical response.

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