Supplemental Security Income (SSI) Overpayment Determination - JOURNAL

The following recounts Supplemental Security Income (SSI) over-payment determination events since the end of 2023 thru 2024. Social Security Administration field office Anderson South Carolina (4 Civic Center Boulevard extension, Anderson South Carolina 29625) Ms Julie Smith Administrator approaching over-payment determination with impunity

On December 11, 2023 Social Security Administration field office Anderson South Carolina in err used 20 CFR § 416.1110. What is earned income? (e) and applied income-counting rules in formulating Supplemental Security Income (SSI) over-payment determination.

On March 6, 2024 Social Security Administration field office Anderson South Carolina amended December 11, 2023 decision and in err used 20 CFR § 416.1121. Types of unearned income. (c) and again used income-counting rules in formulating Supplemental Security Income (SSI) over-payment determination.

In 1981 Public Law 97-35 changed entitlement programs: Medicaid, Medicare, Social Security, Unemployment Insurance, and welfare. "The Omnibus Budget Reconciliation Act of 1981." A law passed by Republican Congress on July 31, 1981 and signed on Thursday August 13, 1981 into law by then Republican President Ronald Reagan. The law was a major step in limiting the growth of the federal budget and a 25% income tax cut. It included: Provisions to reform spending programs, Changes to entitlement programs (Medicaid, Medicare, Social Security, Unemployment Insurance, and welfare) and changed reductions to authorization levels for non-entitlement programs.

1981 Public Law 97-35 excluded the first $65 of Social Security benefits from counting towards earned or unearned income; excluded the next $20 of earned or unearned income per month, and excluded one-half of the remainder of monthly earned income.

[$1 in 1981 is equivalent in buying power to $3.56 in 2024, a difference of $2.56 (72% less); 43yrs later, the first $65 of 1981 is not the first $232 of 2024]

The 1981 Public Law 97-35 and Social Security Administration field office Anderson South Carolina in err applying income-counting rules in determining Supplemental Security Income (SSI) effectively has caused my wife and I lose the ability to pay: Car, Personal Loan and Credit Cards; with credit score now in the gutter. Had to Voluntarily forfeit to Ford Credit CAR faithfully paid for during last twenty-four (24) months. Stop paying on a six (6) year $10,000 personal loan. With twelve (12) months remaining. Our Credit line was reduced and credit cards suspended by Wells Fargo and Citi Bank; effectively increasing debt-to-credit ratio and reducing credit score.

On June 15, 1986, at the age of twenty-seven (27), according to the rules of the Social Security Administration I was declared disabled. On March 1, 2007, at the age of thirty-nine (39) my wife, according to the rules of the Social Security Administration, was declared disabled. I am now sixty-six (66) years old and my wife is fifty-seven (57). My wife has never received, for over sixteen (16) years the Social Security Disability Insurance (SSDI) for which she qualifies despite the fact that she has paid two (2) times more Social Security Tax than me.

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 20 CFR § 416.1110. What is earned income. (e) Certain royalties and honoraria. Royalties that are earned income are payments to an individual in connection with any publication of the work of the individual. (See § 416.1110(b) if you receive a royalty as part of your trade or business. See § 416.1121(c) if you receive another type of royalty.) Honoraria that are earned income are those portions of payments, such as an honorary payment, reward, or donation, received in consideration of services rendered for which no payment can be enforced by law. (See § 416.1120 if you receive another type of honorarium.)

20 CFR § 416.1121. Types of unearned income. (c) Dividends, interest, and certain royalties. Dividends and interest are returns on capital investments, such as stocks, bonds, or savings accounts. Royalties are compensation paid to the owner for the use of property, usually copyrighted material or natural resources such as mines, oil wells, or timber tracts. Royalty compensation may be expressed as a percentage of receipts from using the property or as an amount per unit produced. (See § 416.1110(b) if you receive royalties as part of your trade or business and § 416.1110(e) if you receive royalties in connection with the publication of your work.)

26 CFR § 1.512(b) To be a royalty, a payment must relate to the use of a valuable right. Payments for the use of trademarks, trade names, service marks, or copyrights, whether or not payment is based on the use made of such property, are ordinarily classified as royalties for federal tax purposes.

"There is no worse blind person than someone who does not want to see."

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THE JOURNAL


On December 11, 2023, Ms Julie Smith, Administrator Social Security Administration field office Anderson South Carolina (4 Civic Center Boulevard extension, Anderson South Carolina 29625) reduced my wife's and mine Supplemental Security Income (SSI) using administrative finality rules with omission of material facts and evidence that could justify and would justify the review of an alleged over-payment determination, inappropriately applying 'res judicata'. Alleging an over-payment of Social Security Administration Supplemental Security Income (SSI) and reducing the Supplemental Security Income (SSI) in an excessive way; searched for an over payment of Supplemental Security Income (SSI) formulating YouTube Partner Program royalty payments are compensation for the use of property, copyrighted material and are earned and are received as part of a trade and are a business and are received in connection with a publication.

On December 15, 2023 filed a Form SSA-561-U2 ‘Request For Reconsideration’ EXPLAINED: YouTube Partner Program royalty payments 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 in connection with any publication (e.g., publication of a manuscript, magazine article, or artwork). The payments are a percent of Google AdSense Ad Revenue paid three (3) weeks after the current month, on the 21st of the following month.


On Wednesday, December 27, 2023
I wrote Honorable Joseph R Biden Tracking Number: EI708633189US
46TH President of the United States of America
1600 Pennsylvania Avenue Northwest, Washington, D.C. 20500

SUBJECT: Overpayment Determination and Recovery attempt by Social Security Administration Anderson South Carolina field office


On Monday, January 29, 2024
I wrote Honorable Kamala D. Harris Tracking Number: EI103790875US
49TH Vice President of the United States of America
The White House Office of the Vice President
1600 Pennsylvania Avenue Northwest Washington, D.C. 20500 SUBJECT: Overpayment Determination and Recovery attempt by Social Security Administration Anderson South Carolina field office. Enclosed a copy of SSA-16 ‘APPLICATION FOR DISABILITY INSURANCE BENEFITS’ filed on behalf of my wife with Social Security Administration Commissioner Martin J. O'Malley on January 23rd 2024.


Dated Sunday, January 21, 2024 sent January 23rd 2024 I wrote Social Security Administration Commissioner Martin J. O'Malley; Nominated by Honorable Joseph R Biden.

Certified letter Tracking Number 9590940274822055325821; USPS RETURN RECEIPT Tracking Number 9589071052700576697540; letter received January 25th 2024 by Social Security Administration Baltimore Maryland.

Commissioner Martin J. O'Malley
61st Governor of Maryland; 48th mayor of Baltimore
Commissioner Social Security Administration
6401 Security Boulevard Baltimore, MD 21235-6401
(410) 965–1234.
Martin.OMalley@ssa.gov

SUBJECT: Overpayment Determination and Recovery attempt by Social Security Administration Anderson South Carolina field office and included an SSA-16 ‘APPLICATION FOR DISABILITY INSURANCE BENEFITS’ on behalf of my wife.

On Sunday, January 21, 2024, I wrote the O.I.G. Social Security Administration Honorable Gail S. Ennis nominated by predecessor administration; Tracking Number:
9571 1065 8266 4028 7999 91). SUBJECT: Overpayment Determination and Recovery attempt filed by Social Security Administration Anderson South Carolina field office. Honorable Gail S. Ennis (May 31, 2024 retired; See: Retirement letter from SSA Inspector General Gail S. Ennis)

NOTE: General Michelle L. Anderson Interim Inspector General for Social Security Administration
after Inspector General Gail S. Ennis retired.
General Michelle L. Anderson
Assistant Inspector General for Audit
Interim Inspector General Social Security Administration
6401 Security Boulevard; Suite 300, Baltimore, MD 21235
(410) 965-2905
Michelle.L.H.Anderson@ssa.gov


On Wednesday, January 24, 2024 Ms Julie Smith, Administrator Social Security Administration field office Anderson South Carolina (4 Civic Center Boulevard extension, Anderson South Carolina 29625) DENIED December 15, 2023 SSA-561-U2 ‘REQUEST FOR RECONSIDERATION’.

On Saturday, February 03, 2024
Wrote Honorable Ron Wyden
United States Senator. Chairman, Committee on Finance
221 Dirksen Senate Office Building Washington, DC 20510
(202) 224-5244
senator@wyden.senate.gov

CARBON COPIES SENT:
Jeff Michels Chief of Staff Honorable Ron Wyden
jeff_michels@wyden.senate.gov and Nicole L'Esperance Chief Communications Adviser/
Deputy Policy Director, Domestic Policy
nicole_lesperance@wyden.senate.gov

 
SUBJECT: Overpayment Determination and Recovery
6.17.2023 Sen Wyden letter to SSA Inspector General
2.8.2024 Sen Wyden Urges President Biden to Remove Social Security Watchdog
2.7.2023 Sen Wyden letter to Honorable Joseph R. Biden, Jr.


On Monday, February 12, 2024
I e-mailed D.H.H.S. Secretary Honorable Xavier Becerra.

Nominated by Honorable Joseph R Biden

Honorable Xavier Becerra
25th Secretary of the Department of Health and Human Services
Hubert H. Humphrey Building
200 Independence Avenue, S.W., Washington, D.C. 20201
Toll Free Call Center: 1-877-696-6775
Xavier.Becerra@doj.ca.gov
xavier.becerra@hhs.gov
SUBJECT: Overpayment Determination and Recovery

On Monday, February 18th, 2024 filed with Social Security Administration Office of Hearings Operations (O.H.O.) HA-501 - REQUEST ALJ HEARING. YouTube royalty payments to me 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 me in connection with any publication of mine (e.g., publication of a manuscript, magazine article, or artwork). The payments to me are a percentage of Google AdSense Ad Revenue paid three (3) weeks after the current month, on the 21st of the following

On March 6, 2024, Thanks to Honorable Joseph R Biden and Honorable Kamala D. Harris, the December 15, 2023 ‘Request For Reconsideration’ denied on January 19, 2024, was reopened. The original decision reviewed and a partial favorable decision obtained on record at Social Security Administration field office Anderson South Carolina.

·         Partial favorable decision obtained presupposed and associated a Blog

·         CHANGED 20 CFR § 416.1110. What is earned income? to 20 CFR § 416.1121. Types of unearned income; amended December 11, 2023 over-payment determination in err incorporating 20 CFR § 416.1121. Types of unearned income. (c) and in err connected a Blog that generates no Google payments and it’s not related to YouTube channel and or YouTube Partner Program; effectively continuing usage of Income-Counting rule in determining Supplemental Security Income (SSI).

·         Social Security Administration field office Anderson South Carolina erred. Google YouTube Partner Program payments are subject to Resource-counting rule; not Income-Counting rule.

[On two (2) separate occasions two (2) field agents said "...if I didn't want them to continue using Google cash payments under the Income Counting Rule I should drop out of the YouTube Partner Program (YPP)."]

YouTube Partner Program and XXVI Holdings Inc HERE

On Monday July 29th 2024, dated July 17th 2024, Social Security Administration Administrative Law Judge Ann C. Paschall (475 N Main St., Mauldin, South Carolina 29662-9954) wrote a DECISION letter. The letter was a summary of Social Security Administration (SSA) correspondence November 26th 2023 thru March 25th 2024, a decision:

1.      That asserts partial decision determination dated March 6th 2024.

2.      The ISSUE that an overpayment recovery would worsen and promote ‘Financial and Emotional Suffering’ was not considered.

3.      The fact that a Blog that does not earn any payments from Google and is not an integral part of the YouTube Partner Program channel was not addressed.

On July 31st 2024 filed an HA-520 form 'Request for Review of Hearing Decision'. Request for Appeals Council to review July 17th 2024 Social Security Administration, Administrative Law Judge, Ann C. Paschall, ‘HEARING DECISION’. Request sent to Appeals Council, Social Security Administration Office of Appellate Operations, 6401 Security Blvd. Baltimore, Maryland 21235-6401. *Certified letter with Tracking Number: 9505510582284215004589. Received August 5th 2024 in Baltimore, MD 21235.

Since December 15th 2023, the onset of the over payment determination and recovery attempt, Ms Julie Smith, Administrator Social Security Administration field office Anderson South Carolina (4 Civic Center Boulevard extension, Anderson South Carolina 29625) has been made aware of the fact that an over payment recovery of Supplemental Security Income (SSI) would further aggravate money shortages that to date have been litigated by steep credit card debt. 'Credit Cards' used because no Banking institution, despite good credit, willing to lend money at any reasonable rate of interest to consolidate debt.
 

      On January 23rd 2024 wrote a Certified letter to Social Security Administration Commissioner Mr. Martin J. O'Malley in reference to the over payment determination and recovery attempt filed by Social Security Administration Anderson South Carolina field office and I sent for my wife an SSA-16 ‘APPLICATION FOR DISABILITY INSURANCE BENEFITS’. Explained my wife under the rules of Social Security Administration was declared disable on March 1st 2007 at age thirty-nine (39); she is now fifty-six (56) and has paid two times more than I in Social Security Taxes. Certified letter sent to the attention of Acting Social Security Administration Commissioner Mr. Martin J. O'Malley. Certified letter Tracking Number 9590940274822055325821; USPS RETURN RECEIPT Tracking Number 9589071052700576697540; letter received January 25th 2024 by Social Security Administration Baltimore Maryland. A copy of letter sent Honorable Kamala D. Harris Tracking Number: EI103790875US

Five (5) months later, on June 5th 2024, dated May 31st 2024, my wife received from Social Security Administration Anderson South Carolina field office a request that she (WHO CANNOT READ OR WRITE ENGLISH) review a transcript of everything she said in her INTERVIEW ON MAY 31ST 2024 for Social Security Disability Insurance benefits. AN INTERVIEW THAT NEVER TOOK PLACE; NEVER HAPPENED; NEVER BETWEEN January 23rd. 2024 and June 5th 2024 taken place.

Two (2) days later dated June 7th 2024, received June 8th 2024, Social Security Administration Southeastern Program Service Center (1200 Rev. Abraham Woods, Jr. Blvd. Birmingham, AL 35285-0001) wrote my wife “You do not qualify for disability benefits”… “You do not have enough work credits to qualify for benefits”; this after an INTERVIEW THAT NEVER HAPPENED; a woman that has paid two times more than I in Social Security Taxes.

Sunday, July 7, 2024 wrote Honorable Ron Wyden United States Senator Chairman, Committee on Finance (221 Dirksen Senate Office Building Washington, DC 20510; 202-224-5244; Ron_Wyden @wyden.senate.gov) with carbon copies to Jeff Michels Honorable Ron Wyden Chief of Staff
(jeff_michels@wyden.senate.gov) and Nicole L'Esperance Honorable Ron Wyden Chief Communications Adviser/ Deputy Policy Director, Domestic Policy (Ron_Wyden @wyden.senate.gov)

SUBJECT: Social Security Administration Anderson South Carolina field office making untrue statements with intent to deceive. SENT: Certified with USPS RETURN RECEIPT Tracking Number 9589071052701890032376; letter received July 22nd 2024 in Washington, DC 20510

Monday, July 22, 2024 wrote Social Security Administration Office of Hearings Operations (O.H.O.) Mailing Address: PO Box 9040, London, KY 40742-9530. SUBJECT: Form HA-501 (06-2022) REQUESTED A HEARING BY ADMINISTRATIVE LAW JUDGE given Social Security Administration field office Anderson South Carolina alleged an interview for Social Security Benefits on May 31st 2024; an Interview THAT NEVER TOOK PLACE; and, Southern Program Service Center in Birmingham Alabama denied benefits based on May 31st 2024 fictitious interview.
 

Title II provides for payment of disability benefits to disabled individuals who are "insured" under the Act by virtue of their contributions to the Social Security trust fund through the Social Security tax on their earnings. My wife is now fifty-six (57) and has paid two times more than I in Social Security Taxes and to date receives no payment of disability benefits.

Original last filed SSA-16 ‘APPLICATION FOR DISABILITY INSURANCE BENEFITS’ was submitted by way of certified mail to the attention of Acting Commissioner of Social Security Administration Mr. Martin J. O'Malley on January 23rd. 2024. But since then, we’ve heard nothing but lies from Social Security Administration Anderson South Carolina field office while falling into oblivion. Certified letter with Tracking Number 9505510582284204996741; USPS RETURN RECEIPT Tracking Number 9589071052700576697540. Received JANUARY 25th 2024 Baltimore, MD 21235-6401.

On Tuesday, August 6, 2024 Wrote: General Michelle L. Anderson Assistant Inspector General for Audit ,Interim Inspector General Social Security Administration (6401 Security Boulevard; Suite 300, Baltimore, MD 21235; 410-965-2905; Michelle.L.H.Anderson@ssa.gov)

SUBJECT: Social Security Administration Anderson South Carolina field office making untrue statements with intent to deceive between January 23rd 2024 thru August 6, 2024. SENT: Certified letter with Tracking Number 9505512729614220697361; received August 9th 2024 by Social Security Administration in Baltimore Maryland 21235. 

On October 7th 2024, dated October 3rd 2024 Social Security Administration Anderson South Carolina field office wrote my wife a letter stating that before they could make a decision about her request for Social Security benefits she must file an application. 

 

·        DISREGARDING original last filed SSA-16 ‘APPLICATION FOR DISABILITY INSURANCE BENEFITS’ received January 25th 2024 by Social Security Administration Baltimore Maryland. SENT: Certified letter tracking number 9590940274822055325821; USPS RETURN RECEIPT Tracking Number 9589071052700576697540.

 

·        DISREGARDING Form HA-501 (06-2022), request for A HEARING BY ADMINISTRATIVE LAW JUDGE received July 24th 2024 by Office of Hearings Operations (O.H.O.) in London, KY. SENT: Certified letter with Tracking Number 9505510582284204996741.