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SSD Demands Repayment Because Of Workers' Compensation.

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BearDen

Junior Member
What is the name of your state?What is the name of your state? Florida
SSD is demanding backpayment to Mar. 2003 because I was receiving DOL/OWCP (Federal Workers' Comp) payments and SSD payments concurrently. I was approved for SSD payments starting Jan. 2003. When I received my first three payments I knew that there should have been an offset between the two, so I contacted SSD and consequently they requested that most of my first two months payments be returned but added, in at least three letters mailed to me, that the SSD payments starting March 2003 were to be paid to me in full because of a "new Florida law." I returned the two months payments as requested immediately but then they wanted another month's payment. The letters that they sent contradicted themselves so I sent in a Request For Reconsideration, which I won.
So I have at least 3 letters from SSD stating that a new Florida law allowed me to receive my full SSD payments while also receiving Workers' Comp starting in March 2003 and a letter confirming that I won the Request For Reconsideration which says that I was eligible to receive FULL SSD payments even though I was receiving Workers' Comp payments at the same time.
I don't know if SSD was wrong the first time (as written to me several times in black & white) or if they are wrong now?
They have also added nearly $13,000 to my Form-SSA-1099 for Workers' Comp offset which I am liable to pay taxes on.
I have filed another Request For Reconsideration along with proof that my Workers' Comp ended in August 2003, but that still leaves me with 5 or 6 months of payments in which I received both SSD and Workers' Comp.
Do I still have to refund the money even if they made the mistake?
 


BL

Senior Member
BearDen said:
What is the name of your state?What is the name of your state? Florida
SSD is demanding backpayment to Mar. 2003 because I was receiving DOL/OWCP (Federal Workers' Comp) payments and SSD payments concurrently. I was approved for SSD payments starting Jan. 2003. When I received my first three payments I knew that there should have been an offset between the two, so I contacted SSD and consequently they requested that most of my first two months payments be returned but added, in at least three letters mailed to me, that the SSD payments starting March 2003 were to be paid to me in full because of a "new Florida law." I returned the two months payments as requested immediately but then they wanted another month's payment. The letters that they sent contradicted themselves so I sent in a Request For Reconsideration, which I won.
So I have at least 3 letters from SSD stating that a new Florida law allowed me to receive my full SSD payments while also receiving Workers' Comp starting in March 2003 and a letter confirming that I won the Request For Reconsideration which says that I was eligible to receive FULL SSD payments even though I was receiving Workers' Comp payments at the same time.
I don't know if SSD was wrong the first time (as written to me several times in black & white) or if they are wrong now?
They have also added nearly $13,000 to my Form-SSA-1099 for Workers' Comp offset which I am liable to pay taxes on.
I have filed another Request For Reconsideration along with proof that my Workers' Comp ended in August 2003, but that still leaves me with 5 or 6 months of payments in which I received both SSD and Workers' Comp.
Do I still have to refund the money even if they made the mistake?
You need to file Both reconsideration and WAIVER forms .
On the Waiver form Ck. any over Payments ARE NOT YOUR FAULT .
Submit ( copies ) the letters of proof , or if you go to SSA Office they will make copies .
Submit this waiver on the next business day or ASAP before they decide on the reconsideration. You can go down to their Offices an request to File one the same day .

If all else fails consult a SSI attorney . Consults are usually free .
 

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