SSDI Overpayment

[Kavorr]

Texas.
I was granted back disability June 2011. I am also receiving monthly disability payments, even though I am working and making more than the allowed amount.
I was very careful to inform the lawyers and Judge that I am currently working, and provided proof. It is mentioned in the decision as well. Pretty much the job has been creating a place for me, but that is ending in 2 months.
Should I wait until SSA send me something? The disability lawyer won't discuss this. I had asked ( they lawyer) about it when I got my first few letters, they said they'd check and get back to me and never did. After a couple of attempts I gave up.

 

[goddessoflubboc]

Are you in the Ticket to work program?

 

[Kavorr]

No.
At this point I just don't want to be a felon.
I'm going to go to the SSA office I guess and report. I'm scared because I would like to keep benefits , even if I have to repay it all.

 

[Onderzoek]

Texas.
I was granted back disability June 2011. I am also receiving monthly disability payments, even though I am working and making more than the allowed amount.
I was very careful to inform the lawyers and Judge that I am currently working, and provided proof. It is mentioned in the decision as well. Pretty much the job has been creating a place for me, but that is ending in 2 months.
Should I wait until SSA send me something? The disability lawyer won't discuss this. I had asked ( they lawyer) about it when I got my first few letters, they said they'd check and get back to me and never did. After a couple of attempts I gave up.

If you read your award letter, you'll see that is YOUR job to report work activity and changes in work activity to SSA. Since your claim has been approved, there is no one person assigned to your case who will contact you on your expected end date of work.

SSA may eventually get around to contacting you because of the annual amount of earnings being posted to your earnings record, but that is not the same as you reporting the monthly amounts. You need to complete a new Work Activity Report (SSA-821) when you stop work. You need to submit pay stubs to show what you earned each month so SSA can decide if any of months after your favorable decision are considered trial work months.

So if this job was created just for you, who is going to do the work when you are gone? Is it just going to be absorbed by the rest of the staff, go undone and pushed into the future? Were you being employed because of a prior relationship with the employer? Were you fully earning the amount of money you were paid? Would a non-disabled co-worker have been able to do the same amount of work in the same amount of time or were you given a restricted workload? The answers to these questions can determine if there is a 'subsidy' value attached to your work. If you were paid for 40 hours of work that could have been done by someone else in 30 hours, then you would have a 25% subsidy which is used in determining whether or not it is SGA.

Go to The United States Social Security Administration and read the Red Book of Work Incentives.