Judge orders SSA to pay retroactive benefits

Josefina Preciado has no intention of getting married. She lives in her boyfriend’s house with her two sons, ages 10 and 12. Her older son, Johnny Preciado, has epilepsy and needs constant care. He has had multiple surgeries and takes medication for seizures. Because of his disability, Johnny gets Social Security, Medi-Cal, and regional center services.
Boyfriend interpreted

Because Preciado speaks only Spanish, her boyfriend, Jose Gomez, went with her to interpret during a Social Security eligibility review. During the review, it came out that Gomez and Preciado lived in the same house.

Reviewer was hostile

The reviewer became hostile and accused them of cheating the system, of getting money they didn’t deserve because of Gomez’s income, of pretending to be married. She ordered them to sign papers they didn’t understand, and ordered Gomez to find Johnny’s father and make him pay child support. Johnny lost his Social Security and Medi-Cal benefits, and Preciado was ordered to repay a $14,301 overpayment.
Bills piled up.

With no benefits, Preciado had no way to pay for her son’s surgery and medication. Johnny couldn’t sleep, so Preciado couldn’t sleep either. The bills piled up. In desperation, she asked the regional center for help.

A call to PAI got a referral to the Office of Clients’ Rights Advocacy (OCRA). Katie Casada, the clients’ rights advocate for consumers at North Los Angeles County Regional Center, agreed to help. At a hearing in March 2002, Casada prevailed.

No overpayment

The administrative law judge ruled that Preciado and Gomez had never held themselves out as husband and wife, and that Johnny should not have been charged with an overpayment.
Recovery would be against equity and good conscience

Even if there had been an overpayment, the judge ruled, SSA should not try to recover it because “the claimant was without fault in causing it,” and “recovery would be against equity and good conscience.” He ordered Social Security to:

• Stop trying to collect the $14,301;

• Reinstate Johnny’s benefits at $634 a month; and

• Pay retroactive benefits in the amount of $31,539.