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  1. #1
    Ripley2010 is offline Junior Member
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    Exclamation Am I being lied to by SSA?

    What is the name of your state (only U.S. law)? North Carolina

    I'll break this down as coherently and brief as possible.

    After 2 years my disability claim was approved.
    Eventually I received a letter from SSA telling me my monthly income ($700+) and my back pay ($14K+)
    Meanwhile, SSI sent a letter letting me know I did not qualify for monthly income from them but will receive a back pay (something like $8K) in increments of course.

    SSI deposited $2100 almost right away.
    Weeks later, I receive a deposit from "US Treasury-Soc Sec" (SSD) for roughly $4K. This was back pay from SSA disability.

    Because this lump sum back pay was considerably less than I was told ($14K), I called SSA and asked what's up. I was told something that made no sense to me. Something about SSI taking care of back pay and therefore they only owed me this $4k back payment.

    I have never received any letter or other form of contact regarding this change. It was completely out of the blue and I am especially suspicious because I never received any notice or explanation for this, before or since.

    What's going on? Since the case has concluded following approval, my attorney has become unreachable.
  2. #2
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by Ripley2010 View Post
    What is the name of your state (only U.S. law)? North Carolina

    I'll break this down as coherently and brief as possible.

    After 2 years my disability claim was approved.
    Eventually I received a letter from SSA telling me my monthly income ($700+) and my back pay ($14K+)
    Meanwhile, SSI sent a letter letting me know I did not qualify for monthly income from them but will receive a back pay (something like $8K) in increments of course.

    SSI deposited $2100 almost right away.
    Weeks later, I receive a deposit from "US Treasury-Soc Sec" (SSD) for roughly $4K. This was back pay from SSA disability.

    Because this lump sum back pay was considerably less than I was told ($14K), I called SSA and asked what's up. I was told something that made no sense to me. Something about SSI taking care of back pay and therefore they only owed me this $4k back payment.

    I have never received any letter or other form of contact regarding this change. It was completely out of the blue and I am especially suspicious because I never received any notice or explanation for this, before or since.

    What's going on? Since the case has concluded following approval, my attorney has become unreachable.
    Bring your paperwork (approval letter and subsequent correspondences) down to your local social security office and ask them for a real answer as to why the contradicting notices and monetary amounts.
  3. #3
    Onderzoek is offline Member
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    Nov 2009
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    768
    Quote Originally Posted by Ripley2010 View Post
    What is the name of your state (only U.S. law)? North Carolina

    I'll break this down as coherently and brief as possible.

    After 2 years my disability claim was approved.
    Eventually I received a letter from SSA telling me my monthly income ($700+) and my back pay ($14K+)
    Meanwhile, SSI sent a letter letting me know I did not qualify for monthly income from them but will receive a back pay (something like $8K) in increments of course.

    SSI deposited $2100 almost right away.
    Weeks later, I receive a deposit from "US Treasury-Soc Sec" (SSD) for roughly $4K. This was back pay from SSA disability.

    Because this lump sum back pay was considerably less than I was told ($14K), I called SSA and asked what's up. I was told something that made no sense to me. Something about SSI taking care of back pay and therefore they only owed me this $4k back payment.

    I have never received any letter or other form of contact regarding this change. It was completely out of the blue and I am especially suspicious because I never received any notice or explanation for this, before or since.

    What's going on? Since the case has concluded following approval, my attorney has become unreachable.
    If you read your award notice, there should be a paragraph about how SSA is holding your $14,000 while waiting to see if you owe SSI any money back. After SSI is paid back, you will receive the difference.

    It's called windfall offset. The amount of your SSDI payment is offset by the amount of SSI that would not have been paid had the SSDI been paid on time. Read that sentence a few times.

    If you are due $674 a month in retroactive SSI for some months, you would not have received that $674 if the SSDI of $700 had been paid on time. For past months, you cannot get $674 from SSI AND $700 from SSDI for the same months.

    If you are no longer receiving SSI however, your local office should be able to apply an exception to installments for the rest of your SSI retroactive benefits and you should be able to get it all now. This is also in your SSI award letter. Ask at your local office.
  4. #4
    Ripley2010 is offline Junior Member
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    Quote Originally Posted by Onderzoek View Post
    If you read your award notice, there should be a paragraph about how SSA is holding your $14,000 while waiting to see if you owe SSI any money back. After SSI is paid back, you will receive the difference.

    It's called windfall offset. The amount of your SSDI payment is offset by the amount of SSI that would not have been paid had the SSDI been paid on time. Read that sentence a few times.

    If you are due $674 a month in retroactive SSI for some months, you would not have received that $674 if the SSDI of $700 had been paid on time. For past months, you cannot get $674 from SSI AND $700 from SSDI for the same months.

    If you are no longer receiving SSI however, your local office should be able to apply an exception to installments for the rest of your SSI retroactive benefits and you should be able to get it all now. This is also in your SSI award letter. Ask at your local office.
    That sounds like sound advise however, I just pulled and read my award letter and there is no mention whatsoever of holding benefits except for "Information About Past-Due Benefits Withheld to Pay Your Lawyer".

    Oh, and you'll be happy to know... I read all the sentences twice. Thank you.
  5. #5
    Onderzoek is offline Member
    Join Date
    Nov 2009
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    768
    Well, I am surprised that it is not in the award letter. I still think I am correct. But take all your notices to your local office and ask them about windfall offset.

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