Skip to main content

Unable to work due to her disability, “Elena” relies entirely on Supplemental Security Income (SSI) to meet her basic needs. Due to a mistake made by her bank, the Social Security Administration (SSA) determined it had overpaid Elena approximately $4,500 and planned to reduce her monthly benefit from $1,182 to just $64, making Elena destitute.

The bank error was because Elena had been added as an authorized user on her partner’s account, but the bank mistakenly listed her as a joint account holder. As a result, the SSA counted her partner’s resources as her own and reduced her monthly benefit. Even though the bank admitted its mistake, it refused to provide written confirmation — leaving Elena with no way to prove she had done nothing wrong.

Her situation was further complicated as she was simultaneously hospitalized for over a month, recuperating from a bone fracture. Elena promptly reported her hospitalization to the SSA, as recipients are not entitled to SSI for any month spent in a medical or care facility. Despite this, the SSA continued issuing payments and later demanded she repay $1,200.

Hunter Wolff

Staff Attorney Hunter Wolff

ALRP Staff Attorney Hunter Wolff went into action, meeting with Elena and SSA representatives, preparing affidavits explaining the bank’s error, and successfully convincing the SSA to reverse its overpayment finding. She also petitioned the agency to waive the $1,200 debt from Elena’s hospitalization, arguing that the overpayment was not Elena’s fault, and that repayment would cause severe hardship. The SSA agreed and forgave the debt.

Today, Elena continues to receive her full monthly SSI benefits without the crushing weight of an unjust debt. Thanks to ALRP’s advocacy, she can focus on her health and stability instead of battling a faceless bureaucracy.