HA-501 - REQUEST ALJ HEARING
REQUEST FOR HEARING sent:
Monday, February 18th, 2024
Social Security Administration
Office of Hearings Operations (O.H.O.)
3rd Floor, 1227 25th Street N.W. Washington, DC 20037
Telephone: (866) 414-6259 Ext. 23923
Tracking Number:
9510 8065 8266 4049 8049 79
Monday, February 26th, 2024
Social Security Administration
Office of Hearings Operations (O.H.O.)
Mailing Address: PO Box 9040, London, KY 40742-9530
Telephone: (866) 414-6259 Ext. 23923
Friday, March 1st, 2024
Rose Mary Buehler
Regional Commissioner
Social Security Administration
Office of Hearings Operations (O.H.O.)
Atlanta Federal Center, Suite 20T10
61 Forsyth Street, S.W.
Atlanta, GA 30303
Telephone: (404) 562-1182 Fax: (833) 586-0166
REQUEST FOR HEARING BY ADMINISTRATIVE LAW JUDGE
Rose Mary Buehler
Regional Commissioner
Social Security Administration
Office of Hearings Operations (O.H.O.)
Atlanta Federal Center, Suite 20T10
61 Forsyth Street, S.W.
Atlanta, GA 30303
Telephone: (404) 562-1182
Fax: (833) 586-0166
Subject: Social Security Administration field office Anderson South Carolina decisive at-fault Supplemental Security Income (SSI) over-payment determination, with rules of administrative finality, with omission of material facts and evidence that could and would, warrant revising the determination.
PETITIONER
17th day of February 2024
SSA-HA-510 Waiver of Timely Written Notice of Hearing
SSA-HA-4608 WAIVER OF PERSONAL APPEARANCE
I. ASSERTIONS
Ms Julie Smith, Administrator Social Security Administration field office Anderson South Carolina (4 Civic Center Boulevard extension, Anderson South Carolina 29625).
1. On Monday, December 11th 2023, Ms Julie Smith, Administrator Social Security Administration field office Anderson South Carolina (4 Civic Center Boulevard extension, Anderson South Carolina 29625) wrote my wife and me,
·
“We are changing the
amount you were due in Supplemental Security Income (SSI) for December 2021
through December 2023. From $332.50 (each) to $90.00 (each).
2. On Saturday, December 30th 2023, (while December 11th 2023 decision on appeal), Ms Julie Smith, Administrator Social Security Administration field office Anderson South Carolina wrote my wife and I,
· “We are reducing the Supplemental Security Income (SSI) check in the amount of $90.00 (each) to EIGHTY-TWO dollars and 43/100 ($82.43) each.
· You and your spouse: Had countable resources worth more than $3,000.00 for December 202I and,
· Your other Income increased, which changed your SSI payments for January 2022 through December 2023.
3. On Wednesday January 24th 2024, three (3) weeks after the December 30th 2023 letter further decreasing SSI , received letter dated Friday January 19th 2024, from Social Security Administration field office Anderson South Carolina, Ms. Julie Smith Administrator, stating,
· Your request for a reconsideration appeal has been denied.
· You received a loan from Bank of America in 11.2023 to payoff outstanding debt. The loan did not count as income but as a resource because it was over the $3000 resource limit and it was retained in the month following (12.2023) the month of receipt.
· The payments received from YouTube and Amazon count as earned income.
· Your Social Security Benefits count as unearned income.
4. On Wednesday, February 7th 2024, two (2) weeks after January 24th 2024 letter denying a reconsideration appeal, my wife and I both received a letter dated Saturday, February 3rd 2024, from Social Security Administration field office Anderson South Carolina stating,
· ‘We have paid you and your wife (each) too much in Supplemental Security Income (SSI) money.
· The overpayment happened in the months between 12/01/21 and 12/01/23.
· Your income from Amazon and You Tube reduced the amount of SSI due you for these months’.
· ‘We plan to collect this overpayment from your Supplemental Security Income (SSI) checks. We’ll begin to withhold $70.75 (each) in 05/2024 until the overpayment is paid back.’
II. RESPONSE
1. Petitioner checking account December 202I reflected $money borrowed from Bank on November 24th 2021. Money was returned to Bank on December 2nd 2021; IT WAS THANKSGIVING WEEKEND NO BANK OPENS during the HOLIDAY WEEKEND. Loan is not income to the borrower or a countable resource to the petitioner. Per Program Operations Manual System (POMS) SI 00815.350, Proceeds of a Loan are not income to the borrower because of the obligation to repay. CITATIONS: Regulations - 20 CFR 416.1103(f); Ruling – SSR 92-8p
* See 1st enclosure. DECEMBER 2 2021 Confirmation - money returned
2. Money petioner tried to borrow From Bank of America on October 17th 2023 to payoff outstanding debt and on November 9th 2023 Bank of America denied the loan –is not income to the borrower or a countable resource to the petitioner.
* See 2nd enclosure. November 9 2023 Bank of America Loan Denial
3. Royalties received from Amazon as payments for book sales are infrequent and irregular. THE ROYALTIES ARE A JOKE. THAT'S WHY I GIVE THE INFORMATION AWAY IN BLOGS FOR FREE!!! Per Program Operations Manual System (POMS) SI 00810.410, Infrequent or Irregular Income Exclusion. Payments received infrequently during a calendar quarter are not countable earned income when Infrequent or Irregular; Income Exclusion. CITATIONS: Social Security Act, §1612(b)(3) as amended by P.L. 108-203, §430; 20 CFR 416.1112(c)(2), 416.1124(c)(6), 416.1161(a) and 416.1161(c)
*3rd enclosure. See Amazon.com Inc 2022 and 2023-1099MISC
4. Royalty payments from YouTube are not earned income. Only Certain royalties are earned income per Program Operations Manual System (POMS) SI 00820.450 Royalties and Honoraria CITATIONS: Social Security Act – Section 1612(a)(1)(D); Regulations, 20 CFR 416.1110(e), 20 CFR 416.1111(e). Royalties that include compensation paid to the owner for the use of property, usually copyrighted material or as part of a trade or business or received by an individual in connection with any publication of their work (e.g., publication of a manuscript, magazine article, or artwork). YouTube royalty payments to petitioner are not compensation for the use of property, copyrighted material and are not earned or are received as part of a trade or business or received by petitioner in connection with any publication of petitioner work (e.g., publication of a manuscript, magazine article, or artwork). The payments petitioner receives are a percentage of Google AdSense Ad Revenue paid three (3) weeks after the current month, on the 21st of the following month and per Program Operations Manual System (POMS) SI 01110.600 First-of-the-Month (FOM) Rule for Making Resource Determinations and Per (POMS) HI 03030.010 How We Count Resources; the payment is a resource. A resource that has not in any given month in the years 2022 and 2023 reached the $3,000.00 countable resource limit for a couple.
*4th enclosure.
*5th enclosure.
2022 and 2023 XXVI Holdings Inc 1099-MISC
SUMMARY
Social Security Administration field office Anderson South Carolina in less than 8 weeks, between Monday December 11th 2023 and Wednesday, February 7th 2024:
1) Created an at-fault determination with rules of administrative finality with omission of material facts and evidence that could and would, warrant revising the determination.
2) Declared an over-payment of Supplemental Security Income (SSI) for the months between 12/01/21 and 12/01/23.
3) Reduced Supplemental Security Income (SSI) check of $332.50 each to $82.43 each and further announced to withhold an additional $70.75 (each) beginning in 05/2024 until the over-payment paid back.
Social Security Administration field office Anderson South Carolina elevated a decisive at-fault determination with omission of material facts and evidence that warrant revising the over-payment determination.
· Proceeds of a Loan are not income to the borrower (Petitioner).
· Loan denied Petitioner is not income to the borrower or a countable resource.
· Amazon Royalty payments received infrequently is not countable earned income.
· YouTube Royalty Payments passive income subject to resource-counting rules.
CONCLUSION
In light of the foregoing, petitioner request over-payment at-fault determination reversed with,
a) Supplemental Security Income (SSI) check amounts withheld reimbursed and,
b) Subsequent Supplemental Security Income (SSI) checks reinstated to benefit amount prior to Social Security Administration field office Anderson South Carolina over-payment determination with omission of material facts and evidence.
17th day of February 2024
Enclosures
1. DECEMBER 2 2021 Confirmation - money returned
2. November 9 2023 Bank of America Loan Denial
3. Amazon.com Inc 2022 and 2023-1099MISC
4. Terms of Service - YouTube
5. 2022 and 2023 XXVI Holdings Inc 1099-MISC YouTube Partner Program (YPP)