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  1. #1
    michael65 is offline Junior Member
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    SSDI/Overpayment

    What is the name of your state?Maine

    What are the courses of action that can be enacted by the SSA in order to retrieve their overpayment from me?Can they garnish my paycheck? Can they put a lien on my home or foreclose on my home(No equity,just purchased 10 months ago)?Will they accept a payment plan and will they take in consideration my present debts and my ability to pay to determine a monthly amount and how long will they let me (in years) spread out this plan?Thanks,Michael65
  2. #2
    BL
    BL is offline Senior Member
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    If the overpayment was no fault of your own ,you could request a WAIVER OF RECOVERY AND ADJUSTMENT.

    You should request both a waiver and reconsideration.

    Have you received anything in writing ?
  3. #3
    ghathorn is offline Junior Member
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    missouri

    i need information on writting a brief about a overpayment of ssdi benefits and what laws would apply if you reported your income as required.
  4. #4
    BL
    BL is offline Senior Member
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    What are the courses of action that can be enacted by the SSA in order to retrieve their overpayment from me?
    [url]http://www.ssa.gov/[/url]

    [url]http://ssa-custhelp.ssa.gov/cgi-bin/ssa.cfg/php/enduser/std_adp.php?p_faqid=361&p_created=961079813&p_sid=8fRL-Buh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX3Jvd19jbnQ9MiZwX3NlYXJjaF90eXBlPXNlYXJj aF9ubCZwX2NhdF9sdmwxPTImcF9jYXRfbHZsMj00MiZwX3BhZ2U9MQ**&p_li=[/url]

    I have received too much in benefits. How will SSA recover this overpayment??

    Question
    I have received too much in benefits. How will SSA recover this overpayment?

    Answer
    Recovery of an overpayment from a beneficiary is made by withholding the monthly Social Security check until the overpayment is paid in full. Overpayments can also be withheld from auxiliary beneficiaries entitled on the number holder's record. The Social Security Administration can employ several different methods of recovery including a compromise settlement. If the overpaid individual no longer receives Social Security payments, the Social Security Administration can recover the overpayment from the individual's Federal tax refund. This method of recovery is referred to as the Tax Refund Offset.

    You need to call them **************

    Besides what's listed above, ask if you can file a reconsideration and waiver. They might waive it , if it's not a big amount .

    Question
    Does the Social Security Administration take into consideration a person's financial situation in regards to making repayment for amount owed?

    Answer
    Yes. An overpaid individual has the right to request a reconsideration of an overpayment decision within 60 days from the date of the notice he or she receives. Also, at any point in time that an individual's financial situation changes, the Social Security Administration can adjust the recovery amount accordingly. Under certain conditions, a waiver of the entire overpayment, or the balance due on an overpayment can be approved. A waiver can be requested at any time.
    Last edited by BL; 01-03-2005 at 05:18 AM.
  5. #5
    shmerls is offline Junior Member
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    My friend is having a difficult time with Soc Sec regarding paying back SSDI payments.

    Due to some difficult times with a bad divorce, lack of alimony and having been a housewife without work skills, she ended up after exhausting her savings living in several women's shelters (6/03). In the last one, she was advised and assisted with applying for SSI plus saw a psychiatrist who diagnosed her as having PTSD and schizophrenia now medicated and doing well.

    With the SSI, she was able to get a modest apartment (12/03) and start rebuilding her life doing temp work. She was also qualified for MediCal (California's medical assistance program) through which she receives her medication.

    Since her income changed monthly, she diligently sent SS her pay stubs monthly, but was eventually told she didn't need to and stopped.

    She got a full time job as fully commissioned salesperson (10/04) where she's been working since.

    While still receiving SSI, someone advised her around this time to apply for SSDI because of her disabilities. She reported all her circumstances, diagnosed disability, job and income. etc. and was accepted into SSDI as of 10/1/05.

    At some point prior to this acceptance she had been told that she was being over paid SSI a couple times. One time SS accepted a waiver and the other time she sent them a refund check. Then on another time SS told her she was being under paid.

    On 12/10/06, SS sent her a letter that she was 3 months into their 9-month Work Trial period with 6 months left after which they would have a full review.

    She called SS for clarification and the SS rep was surprised that she was on SSDI since she was working and asked her to read her the letter to which the SS rep said, "well I guess you're supposed to get it [SSDI].

    She was never contacted about the review (she was still at the same address) and wrote them in 7/07 and 10/07 about it, but never heard back and continued to receive her SSDI payments until June 2009.

    Around April 2009, she got a request to fill out a questionnaire about her work and income, which she did and then in May 2009 she received another letter from SS stating that they over paid her and she owed them $28,000.

    She has $14,000 in savings today, which due to the current economy (she makes less sales) and her company lowering the commission rates, she is forced to use this savings to supplement her income which is at about 50% of what it used to be before the economy crashed.

    If SS takes away her savings, she will have no cushion and will not be able to afford her apartment and lose it and possibly end up back in a women's shelter where this all started.

    In a recent phone conversation with an SS rep about the $28,000, he told her she was sent 16 overpayment notices. Being that she hasn't moved and that she has received all her checks and other corrrespondence, how is it possible that just these 16 notices never made it to her home.

    Her relationship with SS dates back 6 years during which she always told them all her circumstances completely. She has a 4" think folder of correspondence with SS and numerous phone calls plus around 4 personal meetings.

    SS's actions and correspondence can only be summarized as confusing and contradictory. I have spent many hours with her and her paperwork to try to make sense of it all. Suffice it to say, SS lead her to believe she was qualified to receive SSI and then SSDI and even after many letters, pay stubs, phone calls and personal interviews insisted she was entitled to assistance certainly by their actions. Now all of sudden they are saying she isn't and worse that she has to give it all back.

    Unfortunately to do that would create a terrible hardship all of which is none of her doing. While not a lawyer, it is my opinion that SS is at fault here and there has been ample time (6 years) along the way to sort this out and if required to give SS $28,000 or any portion thereof, will cause irreparable harm - not to mention that she will lose her MediCal standing and no longer be able to pay for her medication, which will be completely cruel and dangerous.

    By to mention that over the years she has paid taxes on the SS payments.

    That being said, does she have to pay them?
  6. #6
    BL
    BL is offline Senior Member
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    Quote Originally Posted by shmerls View Post
    My friend is having a difficult time with Soc Sec regarding paying back SSDI payments.

    Due to some difficult times with a bad divorce, lack of alimony and having been a housewife without work skills, she ended up after exhausting her savings living in several women's shelters (6/03). In the last one, she was advised and assisted with applying for SSI plus saw a psychiatrist who diagnosed her as having PTSD and schizophrenia now medicated and doing well.

    With the SSI, she was able to get a modest apartment (12/03) and start rebuilding her life doing temp work. She was also qualified for MediCal (California's medical assistance program) through which she receives her medication.

    Since her income changed monthly, she diligently sent SS her pay stubs monthly, but was eventually told she didn't need to and stopped.

    She got a full time job as fully commissioned salesperson (10/04) where she's been working since.

    While still receiving SSI, someone advised her around this time to apply for SSDI because of her disabilities. She reported all her circumstances, diagnosed disability, job and income. etc. and was accepted into SSDI as of 10/1/05.

    At some point prior to this acceptance she had been told that she was being over paid SSI a couple times. One time SS accepted a waiver and the other time she sent them a refund check. Then on another time SS told her she was being under paid.

    On 12/10/06, SS sent her a letter that she was 3 months into their 9-month Work Trial period with 6 months left after which they would have a full review.

    She called SS for clarification and the SS rep was surprised that she was on SSDI since she was working and asked her to read her the letter to which the SS rep said, "well I guess you're supposed to get it [SSDI].

    She was never contacted about the review (she was still at the same address) and wrote them in 7/07 and 10/07 about it, but never heard back and continued to receive her SSDI payments until June 2009.

    Around April 2009, she got a request to fill out a questionnaire about her work and income, which she did and then in May 2009 she received another letter from SS stating that they over paid her and she owed them $28,000.

    She has $14,000 in savings today, which due to the current economy (she makes less sales) and her company lowering the commission rates, she is forced to use this savings to supplement her income which is at about 50% of what it used to be before the economy crashed.

    If SS takes away her savings, she will have no cushion and will not be able to afford her apartment and lose it and possibly end up back in a women's shelter where this all started.

    In a recent phone conversation with an SS rep about the $28,000, he told her she was sent 16 overpayment notices. Being that she hasn't moved and that she has received all her checks and other corrrespondence, how is it possible that just these 16 notices never made it to her home.

    Her relationship with SS dates back 6 years during which she always told them all her circumstances completely. She has a 4" think folder of correspondence with SS and numerous phone calls plus around 4 personal meetings.

    SS's actions and correspondence can only be summarized as confusing and contradictory. I have spent many hours with her and her paperwork to try to make sense of it all. Suffice it to say, SS lead her to believe she was qualified to receive SSI and then SSDI and even after many letters, pay stubs, phone calls and personal interviews insisted she was entitled to assistance certainly by their actions. Now all of sudden they are saying she isn't and worse that she has to give it all back.

    Unfortunately to do that would create a terrible hardship all of which is none of her doing. While not a lawyer, it is my opinion that SS is at fault here and there has been ample time (6 years) along the way to sort this out and if required to give SS $28,000 or any portion thereof, will cause irreparable harm - not to mention that she will lose her MediCal standing and no longer be able to pay for her medication, which will be completely cruel and dangerous.

    By to mention that over the years she has paid taxes on the SS payments.

    That being said, does she have to pay them?
    Start your own post and delete this one .

    On a side note while SSA can get it wrong ( as with any Co. or Agency ), the recipient can simply go down to the local office , especially knowing they are working full time and over the limit for YEARS .

    The recipient has a duty to report.

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