It is defined as “when one receives more money than they are due. By law, we are required to adjust benefits or recover debts when that happens.” It sounds like an absolute truth based on the law, right? No, is not like that!

It is not, because they do not provide documentation, nor any law in what and how is considered in one’s account an overpayment. I base my opinion on my experience dealing with my disability claim filed in 2010.

My Case Brief Synopsis:

Applied for disability in 2010. Denied sometime in 2011.

Appealed it to the Social Security Court of  Appeals. Denied 2012

Reapplied. Denied again. Appealed it again, all in 2012. A hearing was held in July 2018. The ALJ approved SSDI and SSI with the onset date of February 1, 2010, for both, which must be used to process and pay benefits.

The magicians of the Burbank California office processed (without jurisdiction – or better said with acquired jurisdiction) unlawfully (the criminality is presumed based on the evidence of my case,) partially paid my benefits using the dates for SSDI August 2015 and SSI December 2013.

I represented myself in all these matters.

Overpayments

What Is SSI Overpayment?

An overpayment occurs only when an individual receives SSI monthly benefits payment that was more than the amount SSA says is actually due to you – it has its own set of rules – and for SSDI – other rules apply. 20 C.F.R. Section  416.525(a); 20 C.F.R. Section  416.537(a). Overpayment is the difference between what is received and the amount SSA arbitrarily says you should have received.

The rules for SSI to determine overpayments are:

When you do not report the following information required:

  • Earned and unearned income;
  • Changes in earned and unearned income;
  • A change in your living situation, such as a change in residence or a change in the composition of your household;
  • Divorce, marriage or separation;
  • Improvements to your health;
  • Eligibility for other benefits;
  • Becoming a fleeing felon, violating parole or probation; and
  • Admission to a physical or mental health facility, when you do not have a home to go back to or your doctor thinks you will be there for more than 90 days.

For SSDI are:

Resuming, overpayment occurs only to those on SSI under the circumstantial laws described above. None of those rules apply to me.

The other side

However, no one talks about the other face of the Social Security Mammoth: Is an archaic institution mismanaged by the bureaucratic political faction in turn, who does not keep records properly, who is composed of either, uneducated, plain ignorant individuals, since the agency is short of personnel they have no more relatives to hire from the class of political recommended nepotists, and worse yet, knowing that they are irreplaceable, whether they are criminal or not. But some are, or many!

They belong to the untouchable socialist elite of the SSA.

The accomplices. “Every branch needs a trunk to grow.” The mutual cooperation is recognizable in the industry when marketing their skills, because a few (if not many or all) advertise that they know someone who knows someone, who knows someone; the thing is, that they do know someone: themselves (Lawyers,) the claim adjusters, and the almost Two Thousand Administrative Judges, ALJs.

The composition of the triumvirate is based on the need for each other to succumb to the economics of 25% chargeable to the beneficiary of the disability claim. The longer it takes the approval process, the larger the fees are based on the total amount collected after approval.

See, in small amount claims the fees are exceptionally low and stop any possibility of rapid resolution since all – including the claimant – prefer to wait for however one can define as a reasonable time, which depends on the region, for a larger amount.

These lawyers cannot do what they do without the knowledge and consent of ALJs, the claims specialist, and other social security employees. The claims specialist who earns annually top $76,000, and the 75% percentile, below that amount, is the key ingredient in this mess created by greed, theft, and open criminal behavior. There are laws, you know?

But like in the judicial system, these two government branches dislike and hate to collaborate with individuals who represent themselves, because we use the law, precedent cases to support legal standing on our claims. There are no cuts for them, nor sharing their thievery.

Unbelievably, there are all types of criminals in the nest of SSA:

CASE NUMBER: 22-cr-00360; https://www.justice.gov/usao-sdtx/pr/social-security-employee-charged-theft-government-property-and-aggravated-identity,

with lack of attention and disregard: https://www.washingtonpost.com/politics/2023/05/25/social-security-disability-denials-court-remands/; this article is from last May; what has happened since then? Nothing.

In accounting, tax and financial auditing, more than often and specifically those institutions recur to what is called a suspense account. Meaning, that when it cannot be classified, goes into that account.

Remember when undocumented started to use fake social security number to facilitate their employment? Where do you think those contributions – individual and employer – went? The number belonged to someone else and maybe they have hidden statistics reflecting a more accurate balance of these funds.

This account is where the geniuses post all those funds, once they short-pay benefit payments: one part to the claimant, and the remaining is to the pool of distribution according to their percentage of ownership.

My Theory of Overpayments.

It is my opinion based on my case, research, readings of some law cases, pertaining codes of practice, more importantly, the desire of calming my thirst for righteousness when matters deal with me.

When one is investigating a crime organization, a crucial factor to analyze is the location of the institution; frankly, Baltimore would be where we can encounter the highest concentration of mishandling claims. Just glancing where the highest benefits are paid will give you an intuition. Where are concentrated the highest number of beneficiary recipients? Take a look:

These 10 states have the highest monthly Social Security payouts.

  • New Jersey: $1,768.61/month.
  • Connecticut: $1,757.00.
  • Delaware: $1,704.26.
  • New Hampshire: $1,700.75.
  • Maryland: $1,689.86.
  • Michigan: $1,682.68.
  • Washington: $1,672.05.
  • Minnesota: $1,656.27.

Is it not strange that all these high payments occur around Baltimore?

According to the Social Security fact sheet for the year 2024, sixty-eight million citizens and legal residents retired workers of which 50.1 million will collect $95.5 billion $1,905 average monthly benefit and their  2.6 million dependents will collect $2.3 billion.

Disabled workers 7.4 million $11.3 billion $1,537 average monthly benefit and their 1.1 million dependents, $0.6 billion, and lastly the 5.8 million survivors will collect $8.8 billion with an average monthly benefit of $1,501.

In total, an average of almost sixty-eight million Americans per month will receive several Social Security benefits, totaling about $1.5 trillion in benefits paid during 2024.

Did you read well? $1.5 trillion dollars. How can one control this atrocious flow of cash? Or audit it?

Who in the world will presume to have the ability to audit this monstruous budget? No one can, it is an impossibility to realize, but easy to program as a major criminal government and “legal” enterprise with a double set of books. This is an unstoppable river of cash available to a managed group of privileged class belonging to a political group with their accustomed set of nepotism.

They are the ones drying the institution’s cash funds.

Could you imagine the people hired to set up the system back in 1936 with no control of any kind? How many fortunes were made out of these funds still surviving under the hands of rich politicians, “traditional” families of the highest social caliber of the world? Perhaps a few, but they exist.

In the government shuffle during the transition from Trump to Biden was when the word “overpayment” appeared. My intuition is that this is when the said “suspense” account was discovered at the changing of management discovering all the adjustments made against the beneficiaries, who have been chastised and penalized as been overpaid, but it never occurred one.

What disappeared was the cash paid to someone else that needed to be adjusted on the beneficiary account’s sheet creating the “overpayment” on paper only.

Some recipients have protested on their own, others with attorneys, and a very few, like me, on my own. The responses I have received have been vague, legally unsupported, rude, uneducated, and without any fundamentals of what their employment signifies.

My case is now in the hands of the Santo Domingo’s office and Baltimore, since I live now in Barranquilla Colombia, therefore, in the right jurisdiction. Any ruling prevenient from another jurisdiction than this, is illegal, without law value, discriminatory and criminal.

Concluding, it is my opinion based on my experience, education and research, the Social Security Administration is a mammoth filled of corruption, racism, nepotism who feel as an entitled immune class and therefore untouchable.

Commissioner O’Malley, how did the overpayment occur on my account, when the Social Security’s office has not processed yet payment of the remaining of my claim for SSDI  from July 1, 2010, through July 2015 (as per BPQY,) and  SSI  February 1, 2010, through December 2013 (as per BPQY)?

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