May 22, 2023 by Clarissa Ayala
Lone Star Legal Aid Helps Restore Holocaust Survivors’ Social Security Supplemental Income
Mr. Yuriy Chertkov and his wife are Russian-speaking Holocaust survivors who receive Supplemental Security Income (SSI) benefits. In December, 2021, the couple received a reparations payment from Germany, which increased their bank account balance, putting them over the SSI resource limit. As a result, the Social Security Administration (SSA) determined they were not eligible for SSI for the month after they received their reparations payment, and began withholding a portion of their benefits as repayment.
These reparation payments to survivors of the Holocaust and Nazi persecution are protected sources of income, and should be excluded from a recipient’s income and resources when determining eligibility for SSI. Still, the SSA determined the payment was a resource. Mr. Chertkov called SSA, but was told the agency would begin collection efforts at 10% of the overpayment amount, starting a month later. Their future payments were reduced.
In the meantime, Mr. Chertkov also wrote to the Conference on Jewish Material Claims Against Germany in New York, who confirmed by letter that SSA’s action was incorrect. He took the letter to his local SSA office and tried to explain that the money should not be counted as a resource, but the couple had missed the deadline. They found the process confusing, and six months later, they sought help through Lone Star Legal Aid (LSLA).
Mr. Chertkov’s case was assigned to attorney LaRonda Pondexter in our Public Benefits Unit. When Pondexter first contacted Mr. Chertkov, he stated he had been told many things by many people. He was concerned that filing an appeal would worsen his family’s situation. He initially resigned to allow the collection to take place, but Pondexter resisted because she knew the rules were on his side. Pondexter explained the decision was his, but that we are familiar with these kinds of errors, and that SSA anticipates appeals of decisions claimants believe are incorrect. He agreed to proceed.
Pondexter appealed the overpayment and withholding decisions, asserting good cause for late filing based on the difficulty Mr. Chertkov experienced trying to understand SSA’s rules and his linguistic limitation. The goal was to reverse the decision to withhold a portion of the couple’s benefits and reimburse them. However, SSA declined to review the appeal, stating that we did not provide an acceptable reason to file late.
Pondexter brought the issue to the Chertkov’s local office, which recognized the error and committed to reversing the decision. Shortly thereafter, the Chertkovs received notices confirming reimbursement of their benefits from the month SSA claimed they were overpaid.
