Comments on: Social Security overpayments: what you need to prove to win!

By: Idaho_worker

Idaho_worker — Thu, 05 Nov 2009 11:46:37 +0000

Almost $52,000 is what our overpayment is claimed to be. Situation is my husband received a decision of SS Disability and the settlement decision from WC a day apart. We told SS that we were getting an annuity from WC and they said they would take into advisement. Two years later, we told them that our reduced annuity payments (because of lawyers fees) were over and we were getting the full amount now. We were told the same thing. A year after that we said we hadn't seen any change in SS payments. We were told the same thing. Now we get this letter 6 years after this all began that we owe them this amount. We not only feel this is not our fault, but it is negligence on SS part. Of course, we don't have that amount lying around to pay them back and hearing they want it back within three years, that would definitely cause us to be in the poor house, so to speak. How can we fight this ?
Idaho spinal fusionx2 work related.

By: emaliebunger

emaliebunger — Wed, 30 Sep 2009 16:54:37 +0000

My sister is divorced. Her ex-husband has no hands or legs and so receives soc sec
benefits for being disabled. My sister receives 2 checks for each of their children. The Soc Sec Admin is now trying to recover $25,260.00 from my sister for overpayment. My sister has no knowledge of her ex-husbands dealings with soc sec, since first of all its private, and even if she tried to get information it would be in violation of the Privacy Act, or whatever it's called. My sister never felt she needed to try to get information because its not her case, it's his. He applied for benefits and family benefits for both of his children. The letters my sister just received are very vague and say SHE is no longer disabled…by the way he hasnt grown hands or legs yet… and SHE is responsible for the over paymant to the children. Do we need a lawyer?? If anyone knows PLEASE HELP. Paying this back would devastate her family, her current husband has cancer and this judgement would make them homless, to say the least, there is no way she can pay them back.

By: griego

griego — Mon, 01 Jun 2009 21:08:31 +0000

I am in a situation here. My father received payments from ssa and now they want to garnish my wages & send it to the irs & the credit bureaus. I didn't receive any payments of any kind. I was thrioown out at age 16 and didn't reconcile with my father til I was 23. I don't see how I can owe them money. In Colorado can anyone help please gg1085@hotmail.com

By: TomaszStasiuk

TomaszStasiuk — Sat, 30 May 2009 13:33:41 +0000

I have never heard of that. I did a quick google search but I was not able to find any leads. Certainly, something like this would help a lot of people.

By: David

David — Sat, 30 May 2009 09:01:10 +0000

I once found a Supreme Court ruling that indicated an overpayment can not be collected beyond a “Resonable Time” period, but I can not find the ruling any longer.

By: Nick

Nick — Tue, 07 Apr 2009 06:04:57 +0000

I have not found one comment anywhere that says Social Security Overpayments are exempt from the Statute of Limitations. In my state, NH, the Statute of Limitations says something to the affect of "if there is no other statute then the Statute of Limitations applies. I have searched the SS Act and no where does it say SS is exempt.

AND, there is nothing that says you can't request a Waiver every month.

Fight to the end

By: Mark O

Mark O — Thu, 26 Feb 2009 00:34:36 +0000

Jonathan,

Thanks for your help.

By: wanda

wanda — Tue, 24 Feb 2009 01:59:54 +0000

I was recieving sociol security for my five year old and on dec they decieded that my unemployment check of 365 a week was to much. They told me that i was going to recieve a letter saying why they stop sending me checks. The only letter I recieved was a letter saying i owe them 10000 dollors. what can i do i alway show them prove of any income i had

By: Patrick97213

Patrick97213 — Tue, 21 Oct 2008 21:00:50 +0000

Thank you for all you do. I suffer from an SSA overpayment. May I ask a question? Shouldn’t SSA require a monthly Work Activity Report?
In my upcoming appeal, if an attorney wins my SSD case, there will not be any unpaid benefits left to pay his fee. My question is – can I stop looking for an attorney? Can I defend myself at the upcoming appeals hearing? And, if I do, who can help me prepare for the hearing?
BACKROUND: My first SSD application was approved in 1995. Age 48. I began a return to work program through the Oregon Dept of Rehabilitation. I became a real estate agent. To pay licensing fees and continuing education, I took a temporary, part time job that I eventually lost. I lost money every year until the last day in 2002, Dec 31st. At which point SSA decided I was overpaid for the whole year. The total overpayment is now $23,455 because SSA continued to send disability checks in 2003, 2004 and 2005; even though they decided I was no longer entitled. My health took a turn for the worst in 2002. I filed another SSD application on Dec 31, 2005 which was denied because Oregon DDS saw that I had attempted to return to work. That was the object you know!
Sincerely, Pat, Age 61 and no longer a licensed Realtor.
PS. My last day worked is not exact. I tried to hold my return to work program together on several days in 2006 and 2007. Is that SGA?

By: Barbie

Barbie — Wed, 24 Sep 2008 02:02:33 +0000

Thank you. You pointed out lots of useful information I needed to know.

By: TomaszStasiuk

TomaszStasiuk — Tue, 26 Aug 2008 12:10:28 +0000

Thanks for your comment!

Unfortunately, I cannot evaluate cases or offer legal advice via comments or email (my malpractice carrier won't let me). But there are lots of opportunities to talk to an attorney.

Since you are in Colorado, feel free to call me at (719) 630-1225 or (800) 407-0166 and we can talk about your case. Don't worry, I will not bill you for the telephone consultation. You are only on the hook for attorneys fees if you retain my office by signing a fee agreement.

Good Luck!

A Whole Mess of Legalese:
Information contained on the website and responses to comments (including email) are general information about the Social Security system and are not legal advice. For a review of the specific circumstances of your case, contact an attorney for a consultation. The Stasiuk Firm is available for consultations by telephone at (719) 630-1225 or (800) 407-016. No attorney-client relationship is formed via unsolicited communications with the website or office. No representation is provided without a validly executed fee agreement signed by the Stasiuk Firm and the client (or their representative). Phew!

By: brokenwing

brokenwing — Tue, 26 Aug 2008 03:41:45 +0000

I received social security disability related to brain cancer in several years ago. I lived longer than social security expected me to and decided to try to work again. I received an overpayment notice from ssa recently and set up a conference with a representative from the ssa. Long story short I have written proof of errors that SSA made and written proof of my notifications to them. When I had a personal conference with the SSA I was told that my overpayment case would likely be waived because of the botched way that my case has been handled through the years. I actually have this statement in writing. However, there was some concern about the fact that I went back to work after filing for disability and before my 12 month waiting period. I have no memory from this time related to my brain surgery and tumor and cannot defend myself during this time. The only reason this is pertienent is that the SSA rep was concerned that I might be asked to pay back all of my SSDI benefits because of this period of work (Over $75,000.00). My question is this: I had private disability insurance which would have paid me the same amount as SSDI paid me but instead they claimed an offset under ERISA law. It seems unfair that SSDI can wait 6 years to determine that I was never entitled to benefits since my claim with the private disability insurer is time barred. It also seems unfair that I cannot defend myself related to having no memory of this time. If I was not forced to file for SSDI by my private disability insurance I would not have a problem now. I live in Colorado – Any advice?

By: Tomasz Stasiuk

Tomasz Stasiuk — Wed, 30 Jul 2008 19:24:21 +0000

Hi Steve,

Thanks for commenting! That is some overpayment Social Security is claiming!

Unfortunately, my office cannot offer legal advice or perform case evaluations via comments.

If you are in Colorado, feel free to call me at (719) 630-1225 or (800) 407-0166 and we can talk about your case. Don’t worry, we will not bill you for the telephone consultation. You are only on the hook for attorneys fees if you retain my office by signing a fee agreement.

If you are outside of Colorado, I encourage you call an attorney in your area and discuss your case.

I wish you the very best on getting this resolved.

– Tomasz M. Stasiuk

A Whole Mess of Legalese:
Information contained on the website and responses to comments (including email) are general information about the Social Security system and are not legal advice. For a review of the specific circumstances of your case, contact an attorney for a consultation. The Stasiuk Firm is available for consultations by telephone at (719) 630-1225 or (800) 407-016. No attorney-client relationship is formed via unsolicited communications with the website or office. No representation is provided without a validly executed fee agreement signed by the Stasiuk Firm and the client (or their representative). Phew!

By: Tomasz Stasiuk

Tomasz Stasiuk — Wed, 30 Jul 2008 17:24:21 +0000

Hi Steve,

Thanks for commenting! That is some overpayment Social Security is claiming!

Unfortunately, my office cannot offer legal advice or perform case evaluations via comments.

If you are in Colorado, feel free to call me at (719) 630-1225 or (800) 407-0166 and we can talk about your case. Don't worry, we will not bill you for the telephone consultation. You are only on the hook for attorneys fees if you retain my office by signing a fee agreement.

If you are outside of Colorado, I encourage you call an attorney in your area and discuss your case.

I wish you the very best on getting this resolved.

-- Tomasz M. Stasiuk

A Whole Mess of Legalese:
Information contained on the website and responses to comments (including email) are general information about the Social Security system and are not legal advice. For a review of the specific circumstances of your case, contact an attorney for a consultation. The Stasiuk Firm is available for consultations by telephone at (719) 630-1225 or (800) 407-016. No attorney-client relationship is formed via unsolicited communications with the website or office. No representation is provided without a validly executed fee agreement signed by the Stasiuk Firm and the client (or their representative). Phew!

By: steve cherkes

steve cherkes — Wed, 30 Jul 2008 15:44:18 +0000

dear sir,
i appreciate your site on the matter.
i was on disability during and after a very sad divorce involving two children. my depression was severe. after approx. four years,
i attempted to go back to work, and was told that i would be put on a work program. i never was. i was told that i would have some one
verify my first job was on the up and up. and i did not. and it was not. it was for sale.
when i called soc. sec. they told me i was never put on the work program by a mrs. love. and so a mrs. sanchez supposedly did it for my second job telling me to ignore the first episode. which became the first overpayment. the first snowball if you will.
because i was afraid that my second job would not work out i waited a while longer than i should have and finally went to the soc. sec.
office and was told not to worry they would only make it up through taxes and never by way of garneshment. i was told to send back four checks by mail if received, and they would stop. i sent back three because of financial crisis and duress. any way the checks still came and now they claim i owe approximately 42 thousand dollars which is a blown up amount.
they have been taking by garnishment fifteen percent of my income ever since. please tell me do i have a leg to stand on in any way.

thank you, sincerely, steve

By: steve cherkes

steve cherkes — Wed, 30 Jul 2008 13:44:18 +0000

By: Tomasz Stasiuk

Tomasz Stasiuk — Wed, 30 Jul 2008 06:12:44 +0000

Stan,

I am not aware of any limits on how far back Social Security can go to recover a claimed overpayment.

That is not to say there are no limits, but I am not aware of any.

Unfortunately, I have seen too many cases where even Social Security cannot say what caused the overpayment or keeps changing the amount of the overpayment.

In some of those case, there may be a legitimate overpayment, but I have to wonder.

I sometimes take the approach that if the specific set of circumstances strikes me as patently unfair, the individual should get their members of Congress involved. Your Representatives and Senator will usually have local offices and have staff to help their constituents (YOU) solve problems with government agencies. They can cut through a lot of the red tape that even lawyers cannot budge.

Of course, you still have to keep an eye on deadlines for any appeal rights you may have, or you may loose them.

Best of luck!

– Tomasz

This response is not legal advice, nor does it form an attorney client relationship. For legal advice on you your question, contact an attorney for a consultation.

By: Tomasz Stasiuk

Tomasz Stasiuk — Wed, 30 Jul 2008 04:12:44 +0000

Stan,

I am not aware of any limits on how far back Social Security can go to recover a claimed overpayment.

That is not to say there are no limits, but I am not aware of any.

Unfortunately, I have seen too many cases where even Social Security cannot say what caused the overpayment or keeps changing the amount of the overpayment.

In some of those case, there may be a legitimate overpayment, but I have to wonder.

I sometimes take the approach that if the specific set of circumstances strikes me as patently unfair, the individual should get their members of Congress involved. Your Representatives and Senator will usually have local offices and have staff to help their constituents (YOU) solve problems with government agencies. They can cut through a lot of the red tape that even lawyers cannot budge.

Of course, you still have to keep an eye on deadlines for any appeal rights you may have, or you may loose them.

Best of luck!

-- Tomasz

This response is not legal advice, nor does it form an attorney client relationship. For legal advice on you your question, contact an attorney for a consultation.

By: Stan

Stan — Wed, 30 Jul 2008 00:03:05 +0000

Great site!
Never got a official overpayment letter.
Never provided data on how an “alledged” overpayment ocured / or what it was in reference to…
How far back can SSA go to recover?
Anybody please help…
Please advise.

By: Stan

Stan — Tue, 29 Jul 2008 22:03:05 +0000