How can I recover lost disability retirement income garnished and fraudulently taken from me.?

Question

I suffered from depression and declared mentally incompetent. SSA assigned me a guardian and did not monitor my income. OPM directly deposited my lump sum annuity into my mothers bank and never informed me I was entitled to it. I discovered this after my mom died last year, and I'm being held liable for a $38,000 overpayment, and my disability check is being garnished and I have nothing to live on. I have documents showing my mother received $52,000.00 on my behalf in 1996. I've discovered bank statements, deposit slips, and her bank book. OPM and SSA say I'm liable for the overpayment. How can I be held liable if I was declared mentally incompetent?

Answer 1

From your information, it appears that you received benefits from both OPM and SSA.  There is a coordination of these benefits that may result in an overpayment from OPM, and I assume this is what happened to you.

During the period you received the overpayments, you benefitted from those payments through your guardian.  Some of these benefits were noncash.  If your mother provided you with lodging for example, your benefits were paying your share of those expenses.

The beneficiary is liable for the benefits regardless of the disability.  If you feel an error was made, there are attorneys who specialize in this area who can advise you of your options.  Perhaps your attorney can negotiate the terms of repayment over a longer period of time.  

Answer 2

Your mother stole your money.  You need an attorney to prove that and also to prove that you were not overpaid.   I don't know what OPM is but you should be able to get out of this by appeals, appeals, appeals.

Answer 3

Your mother acted as your "fiduciary."  According to you, she failed miserably and has now died.  Unfortunately, she was acting on your behalf and any underlying $ obligation remained yours.

You could file a legal claim against her estate for the money, but if she died insolvent, that won't do you any good.