Outrageous Overpayments

Government funding and jobs are being cut across the board, and it appears that no department is unaffected, even Social Security. This became all too real and frightening for Paul Aguilar, who received a letter from Social Security informing him that his disability benefits had been reduced. Even worse? The agency believes it overpaid Aguilar $201,000 and wants that money back.

 Aguilar has lived with HIV for 38 years. The acronym HIV stands for human immunodeficiency virus. It is a virus that attacks and weakens the immune system, making it harder to fight infections, diseases, and some cancers. Without treatment, HIV can progress to acquired immune deficiency syndrome (AIDS), the most severe form of HIV infection.

Aguilar has been on disability since 2005 due to his HIV. He is not physically able to work full-time. According to the letter, he should not have received disability payments between 2014 and 2025. 

Dr. Monica Gandhi is his doctor and has been with him throughout his journey. Aguilar’s journey culminated in his appointment as Lifetime Achievement Grand Marshal for San Francisco Pride 2023, commemorating his HIV advocacy work. In fact, when Aguilar spoke with ABC7 on Tuesday, he was on his way back from AIDSWatch in Washington, DC. “All I can see and I’ve been watching his health for a while, is that every single time he should have been getting Social Security, he should have been getting Social Security like he needed that for his health,” said Dr. Gandhi.

Aguilar, who is currently working with a lawyer and has contacted lawmakers, says he has applied for a waiver and begun the process of appealing for reconsideration. He feels the DOGE cuts are to blame, and says his disability payments, including Medicare, have been cut. “The fact that they cut off my medical care scares me more than anything else because if I can’t access my medical care, it means I can’t access my medications which means eventually my HIV virus disease will spiral out of control and I could be dead in a year or two,” said Aguilar.

This letter comes a month after The Social Security Administration (SSA) announced that it is reinstating a policy to collect 100% of overpayments to recipients, which the agency discontinued last year. The agency is required by law to reclaim overpaid benefits.

In the last several years, many people have received similar letters, including me. In August of 2023, I received a letter from The Social Security Administration. The letter informed me of an overpayment earlier that year. However, the letter indicated that I had received the correct amount. Unfortunately, I still had to appeal their decision. Thankfully, the appeal was successful.

I also received a letter informing me that I had too many assets to qualify for SSI. I received the letter because I  had $2,034 in my bank account because I hadn’t paid my rent yet. The Social Security Administration wanted to take away my benefits because I was a mere $34 over the asset limit.

Disability benefits are some people’s sole income. It is a shame that The Social Security Administration wants people to struggle even more than they already are. 

Sources:

Deeks, Steven G et al. “HIV infection.” Nature reviews. Disease primers vol. 1 15035. 1 Oct. 2015, doi:10.1038/nrdp.2015.35 

Picchi, Aimee. “Social Security Says It Will Restart Clawing Back 100% of Overpayments to Beneficiaries.” Edited by Alain Sherter, CBS News, CBS Interactive, 8 Mar. 2025, http://www.cbsnews.com/amp/news/social-security-overpayment-100-percent-trump/. 

Silvestri, Guido, and Emily K. Cartwright. ‘HIV and AIDS: Science Wrestles with 10,000 Nucleotides—Points but No Pin’. Viral Pathogenesis (Third Edition), edited by Michael G. Katze et al., Academic Press, 2016, pp. 107–123, https://doi.org/10.1016/B978-0-12-800964-2.00009-4.

Stone, J.R. “Bay Area HIV Survivor Owes $201K to Social Security after Getting His Disability Benefits Cut.” ABC7 San Francisco, ABC, 9 Apr. 2025, abc7news.com/post/bay-area-hiv-survivor-owes-back-201000-social-security-getting-disability-benefits-cut/16147446/. 

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