This Wisconsin man with autism was 'devastated' after Social Security told him to pay back $35K — family appealed 5 times with one requirement being highly insulting. Is the system broken?

“He's always followed the rules and was never told that he was being overpaid,” Jeff told The Sun. “Their basis was that he was gainfully employed and made more than the amount allowed to earn and still get benefits. They also concluded that he would have to prove he still had autism. This put us over the top.”

It was 'their mistake'

Max was diagnosed with autism in preschool and qualified for Social Security disability benefits. Nothing has changed, so Jeff has tried to appeal the decision.

As a retired autism therapist and current advocate for families impacted by autism, he deeply understands the struggle beyond Max's specific situation.

Throughout the repeated efforts, he's become increasingly frustrated — particularly about the requirement to determine if his son still has autism.

“To imply one recovers from autism is an insult to my son and an indication of the lack of knowledge about illnesses of the decision-makers,” Jeff asserted.

In time, Max has become more independent, but he still faces challenges. He now works full-time and can drive and handle finances, but he can become "obsessive" about some things, Jeff said, and he still requires structure.

“He has always lived with me and will likely never want to live alone, something that worries me as I age.”

Jeff argued that Social Security needs doctors and subject matter experts who understand the complexities around disabilities such as autism and, without the right internal knowledge, the government agency “should not make random decisions affecting the lives of so many who then have to wait for months for resolution.”

As for the overpayment, Jeff held that it “was their mistake, not Max's, yet he is the victim like so many others. Social Security needs to be held accountable and responsible.”

Is the system broken?

The SSI payments Max received are provided to millions of Americans. Aside from retired workers, several groups are eligible:

• Those with a qualifying disability
• The spouse or child of someone getting benefits
• The divorced spouse of someone getting or eligible for benefits
• A spouse, child, divorced spouse or dependent parent of a worker who died

There are some restrictions though. Last year, the monthly income limit for SSI benefit recipients was $1,971 and the asset cap was $2,000.