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HomeMy WebLinkAbout10-18-05 ~ ~\. SEC(;- 0'\: '? w;~ , 11I11I1 ~:~ J\rISTR~ SOCIAL SECURITY ADMINISTRATION Philadelphia Region "Committed to Quality and Creativity in Public Service" Refer to: 206-32-0059-A Mid-Atlantic Program Service Center 300 Spring Garden Street Philadelphia, Pa 19123 October 15,2005 CLERK OF COUNTY COURT COUNTY OF Cumberland Register of Wills Hanover Street Carlisle P A 17013 Dear Sires): An outstanding debt to the Social Security Administration exists for Mary C Wildermuth on Social Security Account Number206-32-0059, who is now deceased, and last resided at 210 Reno Street, 2nd Floor, New Cumberland P A 17070. Upon her death, liability for repayment of this overpayment, in the amount of$19,412.00, passed to her estate. The executor for Mary Wildermuth's estate has been notified of the debt and asked to refund the $19,412.00 overpayment from funds in the estate. A copy of this notice is attached for your information. Please note that our letter is not a formal claim and should not be considered as such. But, rather, it is intended to notify the Court of the existence of a debt and of our request for repayment from the proceeds of the estate. If you have any questions regarding this matter please contact the Social Security Administration at the address shown above. Inquiries should include the above referenced account number. Sincerely, 'j ~1.k/laiLt~ I Steve G DeMarco Assistant Regional Commissioner for Processing Center Operations j"j s:~ :=: '_' .~ _J \.,', ~ 006- p''}) ~ V-\. SEC(;- o0~~Q ~ts~ \ 1111I11 ~4 JV-ISTRl'> SOCIAL SECURITY ADMINISTRATION Philadelphia Region "Committed to Quality and Creativity in Public Service" Refer to: 206-32-0059-A Mid-Atlantic Program Service Center 300 Spring Garden Street Philadelphia, Pa 19123 October 15, 2005 Raymond March Executor of the Estate of Mary Wildermuth 707 Sherwood Rd New Cumberland P A 17070 Dear Mr. March, This letter refers to an overpaid of Social Security benefits payments in the amount of$19,412.00 on the wage record of Mary Wildermuth, deceased. Under the Social Security law, if a beneficiary is overpaid at the time of his death, his estate becomes liable for repayment of the overpayment. Where the assets of a debtor's estate have been distributed, the Administration proceeds against the distributee liable. The distributee must have either the proceeds of the estate or property attributable to such proceeds in her possession when notified of the overpayment. If there is more than one distributee, the individual liability of each distributee is proportionate to the share received. Title 31 , United States Code section 3713 provides that: A. If there are insufficient funds in the estate to satisfy all of the decedent's debts, the debts due the United States take priority over all but reasonable funeral expenses and debts secured by valid perfected liens; and B. If the legal representative pays other debts and does not satisfy the debt to the United States, he then becomes personally liable for the unpaid amount. Since Mary Wildermuth's estate is liable for repayment of the overpayment and you were appointed executor of the estate, we are requesting that you refund $19,412.00 from the proceeds of the estate. Refund should be made by check or money order drawn payable to the Social Security Administration under claim number 206-32-0059-A and mailed in the enclosed self-addressed envelope. This notice is not intended as a formal claim against the estate, but is intended to inform you of the existence of this debt and the estate's liability for this debt. ~ If You Think You Should Not Have To Pay Us Back You may not have to pay us back. Sometimes we can waive the collection of an overpayment, which means you will not have to pay us back. For us to waive the collection of your overpayment, two things must be true. · It was not your fault that you got too much Social Security money. AND · Paying us back would mean you cannot pay your bills for food, clothing, housing, medical care, or other necessary expenses, or it would be unfair for some other reason. If you think these are true about you, contact any Social Security office. You can ask for waiver at any time by filling out the waiver form. The form number is SSA-632-BK. You will not have to pay us back while we decide if we can waive collection. You may need to show us proof of your monthly income, expenses, and assets. Examples are pay stubs, pension records, rent, receipts, utility bills and bank statements. If You Disagree With The Decision If you disagree with the decision, you have the right to appeal. A person who did not make the first decision will decide your case. We will review your case again and consider any new facts you have. · You have 60 days to ask for an appeal. If you ask in the next 30 days you will not have to pay us back until we decide on your case. · Both the 30- and 60-day periods start the day after you receive this letter. We assume you got this letter 5-days after the date on it, unless you show us that you did not get it within the 5-day period. · You must have a good reason if you wait more than 60 days to ask for an appeal. · You have to ask for an appeal in writing. We will ask you to sign a form called "Request for Reconsideration." The form number is SSA-561-U2. To get this form, contact one of our offices. We can help you fill out the form. We are enclosing a pamphlet called "Important Information About Your Appeal and Waiver Rights." Please be sure to read it. Even if you do not want to request reconsideration or waiver, call us at 1-800-772-1213 if withholding of your monthly payment will cause hardship. Unless we hear from you within 30 days, we will set up withholding from your monthly social security benefits. r J · If You Want Help With Your Appeal You can have a friend, lawyer or someone else help you. There are groups that can help you find a lawyer or give you free legal services if you qualify. There are also lawyers who do not charge unless you win your appeal. Your local Social Security office has a list of groups that can help you with your appeal. If you get someone to help you, you should let us know. If you hire someone, we must approve the fee before he or she can collect it. And if you hire a lawyer, we will withhold up to 25 percent of any past due benefits to pay toward the fee. If You Have Any Questions If you have any questions, you may call us toll-free at 1-800-772-1213 or call your local Social Security office at 1-717-782-3400. We can answer most questions over the phone. You can also write or visit any Social Security office. The office that serves your area is located at: 555 Walnut Street, Harrisburg, P A 17202. If you do call or visit an office, please have this letter with you. It will help us answer your questions. Also, if you plan to visit an office, you may call ahead to make an appointment. This will help us serve you more quickly when you arrive at the office. Sincerely, ~ }j~w- )g:~e Demarco Assistant Regional Commissioner for Processing Center Operations Enclosure(s): Form SSA-3105 -