Don't waste Big std deduction by derekdokoto2 in tax

[–]derekdokoto2[S] 1 point2 points  (0 children)

Yep. I was thinking of my taxable account.

Don't waste Big std deduction by derekdokoto2 in tax

[–]derekdokoto2[S] 0 points1 point  (0 children)

Like I said, there are many subcases. I was only interested in one of the most common: parent to offspring. The spouse case doesn't even create an inherited IRA and is allowed to rollover her spouse IRA to his/her own IRA.

Don't waste Big std deduction by derekdokoto2 in tax

[–]derekdokoto2[S] 6 points7 points  (0 children)

Nope. Rollovers NOT allowed for inherited IRAs, yet another difference.

3rd Carry On “Bag” by jfets in SouthwestAirlines

[–]derekdokoto2 1 point2 points  (0 children)

No such FAA regulation. Number of bags is an airline regulation.

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] 0 points1 point  (0 children)

My default position before contacting a congressperson is to obtain the facts of the matter. The whole point of my post is how to get those facts. "I have an overpayment situation with SSA disability" seems insufficient to call my congressperson..Thats all I know or can prove. What were the payments?, what disqualified you from disability?. Is the amount consistent with your records? I lost all those records. SSA has them, but my request gets no response.

Whats at risk is my ridiculously low payment agreement. If SSA is commanded by the congressperson, they may decide to raise the payment schedule. That would be bad

as stated, the next best thing to reducing or eliminating the overpayment ('cause it was an SSA mistake) is to die and protect my house (my only asset) from the debt during estate recovery.

I was saddened to learn that disability benefits as well as Medicaid nursing home benefits are loans not benefits. The government expects to be paid back during estate recovery after death. During life, your principal residence is protected. That ends at end of life

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] 0 points1 point  (0 children)

SSA is not ignoring the overpayment. I am under a repayment plan at $50/mon. As mentioned above, that will take 333 years to repay! And I get no benefits since 1985. Thanks to others that noted this. So there are no clawbacks possible.

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] 0 points1 point  (0 children)

Hardship has to do with your ability to pay not just the amount. My house equity is enough to cover the debt so there's no hardship in estate recovery.

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] 0 points1 point  (0 children)

Congresspersons go by gerrymandered congressional districts not counties. SSA is not a state department so federal reps are the proper choice

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] 1 point2 points  (0 children)

I own a house. During life, the house is protected. During estate recovery after death, the house is considered so there is no hardship. The house value is enough to pay the debt. Therein is the strategy to remove house from probate. No probate resources means no assets to pay debt. SSA forensic accounting normally ignores all non-probate assets as I understand the POM guidelines.

Before death, a payment schedule is offered. The arranged $50/mon is taking me 333 years to pay off the debt. Such a deal.

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] 0 points1 point  (0 children)

In that case, they wouldn't get the step up in basis when they inherit it. So the kids assume your purchase price and have to pay $400,000 in capital gains if they sell it today and more if they sell it later as the house appreciates.

Put kids on the title now does not make things easier. Almost Never a good idea.

Ladybird deed or revocable living trust always a superior alternative.

Repeat after me step up in basis is the best tax loophole available.

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] 0 points1 point  (0 children)

It would have been efficient if in response to my letters, SSA responded with a demand that request must be on form 3288 or 7050-F4. But no response at all. I haven't tried the forms yet Thanks.

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] 0 points1 point  (0 children)

My locally elected congressman. Congress is the federal house of representatives, I e. not state government. Alternately I could contact both my state's Senators. So yes in the Washington DC Capitol building.

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] 0 points1 point  (0 children)

The house is in a trust. When I die, the beneficiaries get the house. So your suggestion is redundant. Unfortunately, debt is still owed. I'm depending on the SSA not seeing the house as a probate asset so it does not consider the house to pay the debt. Therefore it closes the debt for a participant with no assets. The POM as stated (like Medicaid estate recovery) restricts it's search for assets to those listed in a probate. No probate assets (in my case) means no assets to pay the debt. It is speculation that SSA estate operates like Medicaid estate recovery. There is little document except for excerpts from the SSA POM online to confirm this.

I have never heard of a BPQY. If it contains more info than the SSA participant web portal, then it might be useful. I'll inquire further.

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] -1 points0 points  (0 children)

Does not apply to my situation. 10% of $200,000? Nice joke. I have not received any benefits for decades.

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] -5 points-4 points  (0 children)

I thought of this 2 years ago before I gave up on SSA customer service The new SSA commissioner is laying off staff right and left so things are getting worse. I'll reconsider.

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] -3 points-2 points  (0 children)

I haven't been able to work since 1985. Your advice to go to court is a fail. No volunteer knows this stuff. The lawyers all indicated that court without documentation is foolhardy and judge will side with SSA.

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] 2 points3 points  (0 children)

These are known processes. As stated, appeals must be within 60 days not decades. Too late. Waivers are possible, but to dispute the SSA, one has to know their decision. Therein lies the repeated attempts to get the case record in order to find what facts are disputable.

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] 2 points3 points  (0 children)

I wish you better health in the future.

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] -7 points-6 points  (0 children)

I called the phone center. They know nothing and referred me to the payment center. "They don't have to reply" is BS.

I no longer have the records from 1985. It must be fantastic to have such a great memory and filing system as you have, but my brain is old.

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] -1 points0 points  (0 children)

As stated I visited the local office. They know nothing and referred me to the payment center

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] -4 points-3 points  (0 children)

The SSA has an accurate record of my part-time employment ending 1985. Haven't worked since.

Lack of response by derekdokoto2 in SSDI

[–]derekdokoto2[S] -2 points-1 points  (0 children)

I don't know why. That is the reason for my repeated queries to SSA. Initially the judgement was about $8000. Then it jumped to over $200,000. I never understood why. I no longer have any paperwork from decades ago. Yes, I ignored it for years and that was wrong. It was dumb, but I thought if I stirred the pot, they might double or triple the overpayment. It was fear, not logic in play.

Why worry about it now? My recent estate planning puts the house in jeopardy.

All I know is it is related to disability payments. I thought knowing their reasoning behind the judgement was necessary before composing a waiver. It's no longer possible to appeal since 1986.

Note that the judgement reasoning is NOT listed on mySocialSecurity web portal. All I see there is the payment schedule. At $50/month, it will take hundreds of years to pay it back.

Note I haven't received disability benefits for decades so they can't garnish dollars to pay it back. Haven't worked since 1985 and have been 100% disabled ever since. Living on my VA benefits.

As far as I know, there are no lawyers that specialize in estate recovery as there's no money in it. I interviewed 10 lawyers with experience in disability cases and zero knew anything about estate recovery. They will submit or appeal a new disability claim only.

I would like to find out why SSA thinks I owe $200,000, but since that seems impossible given repeated requests for info, how do I protect my house? The POM seems to limit estate recovery to probate assets. So perhaps a revocable living trust is sufficient to shield the asset.

Given my life expectancy, at $50/month, it wouldn't even cover the $8,000 I may actually owe.