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Over Payment

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george nash

Junior Member
What is the name of your state?FL
I HAVE RECENTLY FOUND OUT THAT I OWE SSI $35000.00 FOR AN OVER PAYMENT RECEIVED FROM 1997 TO 1999. MY WIFE WAS HANDLING MY AFFAIRS AN FAILED TO TELL ME ABOUT THE SITUATION UNTIL I FOUND IT ON ACREDIT REPORT. I RECENTLY HAVE HAD A BACK OPERATION AND HAVE DEVELOPED SOME OTHER PROBLEMS AND HAVE TO HAVE ANOTHER ONE. I CURRENTLY AM RUNNING OUT OF MONEY. I CANNOT CONTINUE TO PAY FOR THIS MISTAKE ON THERE PART. DO I HAVE ANY CHANCE OF POSSIBLY COMING TO SOME SORT OF SETTLEMENT OR FILE BANKRUPTCY.
 


BL

Senior Member
You don't give any details why SSA overpaid you for that Period .

My guess is that you were earning over the amount SSA considers Gainful Employment , and SSA was not notified .

Were their tax returns filed for that Period .

It seems like SSA would have caught it sooner .

Was your Wife your Payee ??

If so , File a reconsideration and Waiver Forms with SSI , and ck the overpayment was no fault of your own .
 

george nash

Junior Member
Overpayment

The Overpayment Was Brought To My Wifes Attention In 2000. They Had Supposedly Notifide Her Earlier But I Am Currently Working On Getting Some Backup Info From Social Security To See How They Have Come Up With These Amounts.Yes My Wife Was My Payee And She Handled All My Affairs Because I Had Been Totally Paralysed And My Recovery Had Been Very Slow. She Tried To Handle This By Herself Until It Overwelmed Her. I Am Trying To Go Back And Check My Tax Returns For That Period But I Am Still Trying To See How They Can Determine If I Am Substantily Working Without A Doctors Report Of My Disabilities That I Still Had At The Time. Do You Think I Should Look Into Finding A Social Security Lawyer.
 
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BL

Senior Member
george nash said:
The Overpayment Was Brought To My Wifes Attention In 2000. They Had Supposedly Notifide Her Earlier But I Am Currently Working On Getting Some Backup Info From Social Security To See How They Have Come Up With These Amounts.Yes My Wife Was My Payee And She Handled All My Affairs Because I Had Been Totally Paralysed And My Recovery Had Been Very Slow. She Tried To Handle This By Herself Until It Overwelmed Her. I Am Trying To Go Back And Check My Tax Returns For That Period But I Am Still Trying To See How They Can Determine If I Am Substantily Working Without A Doctors Report Of My Disabilities That I Still Had At The Time. Do You Think I Should Look Into Finding A Social Security Lawyer.
If the amount you state is $35,000 then I'd at least get an audit from SSI and State and Federal earnings during that time period , also your wife's during that time Period , and have a Consult with an SSI attorney .
 

bjl1105

Member
george nash said:
What is the name of your state?FL
I HAVE RECENTLY FOUND OUT THAT I OWE SSI $35000.00 FOR AN OVER PAYMENT RECEIVED FROM 1997 TO 1999. MY WIFE WAS HANDLING MY AFFAIRS AN FAILED TO TELL ME ABOUT THE SITUATION UNTIL I FOUND IT ON ACREDIT REPORT. I RECENTLY HAVE HAD A BACK OPERATION AND HAVE DEVELOPED SOME OTHER PROBLEMS AND HAVE TO HAVE ANOTHER ONE. I CURRENTLY AM RUNNING OUT OF MONEY. I CANNOT CONTINUE TO PAY FOR THIS MISTAKE ON THERE PART. DO I HAVE ANY CHANCE OF POSSIBLY COMING TO SOME SORT OF SETTLEMENT OR FILE BANKRUPTCY.
Based on the amount of your overpayment, it is fairly safe to assume you received SSD (not SSI) payments. You would only have had 60 days from the Notice of Overpayment date (you say sometime in 2000?) to file a reconsideration-meaning that the facts of the case are wrong; and that time frame appears to have expired. You can file a Waiver of Overpayment (a request to dismiss part or all of the overpayment) at any time, and you might strongly considering doing so IMMEDIATELY. All recovery actions are suspended while the waiver decision is pending (you don't have to pay while SSA makes their decision). If the waiver is denied, you may then appeal the waiver denial within 60 days (dont let the appeals period lapse again!). If you don't want to pursue the waiver, or if the waiver is denied, you always have the right to offer a "compromise settlement". It is an offer of good faith that SSA can accept. For instance, you may have limited or no income now, but you have some assets that you are willing to use to pay "part" of the overpayment back in full and you ask the SSA to forgive the balance. Worst case, you pay a minimum per month for ever. Good luck.
 

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