My son-in-law passed away 3 years ago and was survived by his wife (my daughter) and two children. Since that time she has been receiving SSA death benefit checks for her two children which she uses to support her and the children. Recently she got a notice of overpayment and a substantial decrease of the childrens' benefits due to someone else filing dependents' benefits on her husband's SS death benefits. Is there a time-limit to file for SS death benefits? Is this legal and can they hold my daughter responsible for the overpayment that they claim is 7000.00 dollars? My daughter did not even know there were any other children out there and SS won't give her any information.
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Only the SSA can answer your daughter's questions. She can make an appointment at her local SSA office for information and assistance.
Addendum:
If your daughter disagrees with SSA or has further questions, she can contact an attorney who specializes in SSA issues in her locale. The site below is just one of many offering local attorneys specializing in SSA law:
lawyers.findlaw.com/
Typically it is fraud, the administration is suppose to request proof of fatherhood. If he never signed as the father then they are suppose to speak to everyone they can to find testimony of falsehood or not. I would appeal this fee. And be quick about it because I'm sure there is a time limit. And usually they ask the wife first. Weird. My brother had a magic baby pop out 2 weeks after he died. I made it very clear how it was not true and kept my nephew from having to share his dad's sweat and tears.
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