Comments on: Social Security overpayments: what you need to prove to win! http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/ Published by the Stasiuk Firm PC Sat, 11 Feb 2012 22:02:00 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: TomaszStasiuk http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-4481 TomaszStasiuk Fri, 10 Feb 2012 05:19:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-4481 Try Social Security Advice Online. They are a national company made up of former Social Security managers. Note: this is a private company not affiliated with the Social Security Administration. You can reach them at http://socialsecurityadviceonline.com and (513) 860-5924 , (513) 779-7439.  Try Social Security Advice Online. They are a national company made up of former Social Security managers. Note: this is a private company not affiliated with the Social Security Administration. You can reach them at http://socialsecurityadviceonline.com and (513) 860-5924 , (513) 779-7439. 

]]> By: J0e6chip http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-4480 J0e6chip Fri, 10 Feb 2012 05:09:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-4480 Winning isn't te end. What Escrow????  My daughter receives an Auxiliary Benefit due to my disability. Her mother and I are divorced and we had equal parenting time with no support ordered. Her mother contacted Social Security and said I had never provided anything for my daughter. There is no way for her to substantiate that because there was a no contact order in place because of her actions towards me. The ALJ ruled that my daughters mother had been dishonest and misleading in obtaining payee status. He found that I had not caused an overpayment or misused my daughters benefit. Social Security had taken substantial funds out of my benefit to repay the alleged overpayment prior to the ALJ ruling. I was told it would go into escrow until the ruling. Upon exiting the court room I asked the Social Security Representative how I would go about getting the money out of escrow. They said that the money had already been used in benefit of the child. I have no idea what paperwork to request, or what questions to ask because no one seems to know anything about this situation when I meet with them. Are their any avenues for obtaining Auxiliary Benefit information when I am not the payee? Winning isn’t te end. What Escrow????  My daughter receives an Auxiliary Benefit due to my disability. Her mother and I are divorced and we had equal parenting time with no support ordered. Her mother contacted Social Security and said I had never provided anything for my daughter. There is no way for her to substantiate that because there was a no contact order in place because of her actions towards me. The ALJ ruled that my daughters mother had been dishonest and misleading in obtaining payee status. He found that I had not caused an overpayment or misused my daughters benefit. Social Security had taken substantial funds out of my benefit to repay the alleged overpayment prior to the ALJ ruling. I was told it would go into escrow until the ruling. Upon exiting the court room I asked the Social Security Representative how I would go about getting the money out of escrow. They said that the money had already been used in benefit of the child. I have no idea what paperwork to request, or what questions to ask because no one seems to know anything about this situation when I meet with them. Are their any avenues for obtaining Auxiliary Benefit information when I am not the payee?

]]> By: Dlewis5334 http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-3765 Dlewis5334 Thu, 27 Oct 2011 03:43:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-3765 My main concern is I had been receiving SSI checks for over 10 years. I was revaluated and I was found no longer disable. I appealed and SSI found that I had gotten better but still disable. So I went through the administrative appeal process. While the council was deciding my first denial I filed a new application with the same evidence medical records and reasons I clime to be disable and that new application was granted. I am now at the point where I have to file a civil action. I want to know since SSI granted my new application while the first appeal was still pending doesn`t that mean that I was still disable when SSI said I was no longer disable? Shouldn’t  SSI just run that first application with the new application? Any help would be appreciated. thanks, Dennis My main concern is I had been receiving SSI
checks for over 10 years. I was revaluated and I was found no longer disable. I appealed
and SSI found that I had gotten better but still disable. So I went through the
administrative appeal process. While the council was deciding my first denial I
filed a new application with the same evidence medical records and reasons I clime
to be disable and that new application was granted. I am now at the point where
I have to file a civil action. I want to know since SSI granted my new
application while the first appeal was still pending doesn`t that mean that I
was still disable when SSI said I was no longer disable? Shouldn’t  SSI just run that first application with the
new application? Any help would be appreciated.
thanks, Dennis

]]> By: Dlewis5334 http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-3764 Dlewis5334 Thu, 27 Oct 2011 03:13:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-3764 Hi Brian, I have an overpayment case I have been fighting for about 6 years. I filed a new application while the Appeals Council appeal was still deciding the denial of the first claim. I was granted SSI on the new claim I filed while the  Appeals Council appeal was still deciding the denial of the first claim.  I am now at the stage where I received a notice October 25, 2011 of appeals council action. I need help with finding articals and cited cases on what I need to do in my task in filing a civil action against the commissioner? Any help would appreciated. Thanks Dennis Hi Brian, I have an overpayment case I have been fighting for about 6 years. I filed a new application while the Appeals Council appeal was still deciding the
denial of the first claim. I was granted SSI on the new claim I filed while the  Appeals Council appeal was still deciding the denial of the first claim.  I am now at the stage where I received a notice October 25, 2011 of appeals council action. I need help with finding articals and cited cases on what I need to do in my task in filing a civil action against the commissioner? Any help would appreciated.

Thanks Dennis

]]> By: Dlewis5334 http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-3763 Dlewis5334 Thu, 27 Oct 2011 02:52:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-3763 I am at the stage now where I have to go to the Federal Goverment with a civil action and I don`t where to start as far as getting the right application, the basics. I would appreacite if you can pass me some information on this matter. Anything would help. I am at the stage now where I have to go to the Federal Goverment with a civil action and I don`t where to start as far as getting the right application, the basics. I would appreacite if you can pass me some information on this matter. Anything would help.

]]> By: Dlewis5334 http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-3762 Dlewis5334 Thu, 27 Oct 2011 02:35:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-3762 I filed an appeal with the appeals council and then I filed a new claim while the Appeals Council appeal was still deciding the denial of the first claim. I was granted SSI on the new claim I filed while the Appeals Council appeal was still deciding the denial of the first claim. Today I received a notice of appeals council action, which they denied my request for review. I now have to file a civil action against the commissioner. I would appreciate it if I can get some good suggestions on my next task in filing my civil action. I have 60 days to respond starting October 25, 2011. How do I get the civil complaint form? SSI said they don`t have the forms, they was not any help. I filed an appeal with the appeals
council and then I filed a new claim while the Appeals Council appeal was still
deciding the denial of the first claim. I was granted SSI on the new claim I
filed while the Appeals Council appeal was still deciding the denial of the
first claim. Today I received a notice of appeals council action, which they
denied my request for
review. I now have to file a civil action against the
commissioner. I would appreciate it if I can get some good suggestions on my
next task in filing my civil action. I have 60 days to respond starting October
25, 2011. How do I get the civil complaint form? SSI said they don`t have the
forms, they was not any help.

]]> By: John Spinelli http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-3229 John Spinelli Tue, 26 Jul 2011 19:06:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-3229 SS said in Jan 2008 I made too much money working while on SSDI, and as such, I did SGA and was overpaid from April 2008 on. I have a ALJ hearing set for 8/31. In my request for the ALJ, I submitted my pay and time records for 1/2008 proving I made only $847 gross in 1/2008, and therefore did not make too much money and SS claim I was and did SGA is incorrect. I can't find an attorney to represent me in this matter, but I want one. Subsequently, I got a letter then stating it wasn't just 1/2008 I made too much but for all of 2008 I did and THAT then was the reason I was overpaid. I enlisted the aid of my Congressman's office. Since then I got my ALJ hearing date. However, the ALJ letter only says the issue is if I was overpaid but it doesnt say during when. I know I need to go look at my file and write the Hearing Officer to find out if they are talking about just 1/2008 as I responded to in my ALJ request or the whole of 2008 as SS was trying to subsequently claim but seems to have backed away from after hearing from my Congressman. If it is just 1/2008 that is the issue, other than my pay and time records from my employer, what other evidence could I present? In my ALJ request, I cross referenced each day worked to the time sheet and even calculated the money paid for each day. Not only did I show each day's pay but then showed a total for each pay period and matched that to the pay record. To me it is obvious I did not make too much money in 1/2008 and therefore did not do SGA and was not overpaid. However...I realize this is SS with which I am dealing. Doesn't it help that my request for and expedited reinstatement of my SSDI benefits was approved and my state's Disability Determination worker found me to still be considered disabled and my benefits began again as of 12/2010? Please advise. Thanks. SS said in Jan 2008 I made too much money working while on SSDI, and as such, I did SGA and was overpaid from April 2008 on. I have a ALJ hearing set for 8/31. In my request for the ALJ, I submitted my pay and time records for 1/2008 proving I made only $847 gross in 1/2008, and therefore did not make too much money and SS claim I was and did SGA is incorrect. I can’t find an attorney to represent me in this matter, but I want one.

Subsequently, I got a letter then stating it wasn’t just 1/2008 I made too much but for all of 2008 I did and THAT then was the reason I was overpaid. I enlisted the aid of my Congressman’s office. Since then I got my ALJ hearing date. However, the ALJ letter only says the issue is if I was overpaid but it doesnt say during when. I know I need to go look at my file and write the Hearing Officer to find out if they are talking about just 1/2008 as I responded to in my ALJ request or the whole of 2008 as SS was trying to subsequently claim but seems to have backed away from after hearing from my Congressman.

If it is just 1/2008 that is the issue, other than my pay and time records from my employer, what other evidence could I present? In my ALJ request, I cross referenced each day worked to the time sheet and even calculated the money paid for each day. Not only did I show each day’s pay but then showed a total for each pay period and matched that to the pay record.

To me it is obvious I did not make too much money in 1/2008 and therefore did not do SGA and was not overpaid. However…I realize this is SS with which I am dealing.

Doesn’t it help that my request for and expedited reinstatement of my SSDI benefits was approved and my state’s Disability Determination worker found me to still be considered disabled and my benefits began again as of 12/2010?

Please advise. Thanks.

]]> By: Lucky-seven http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-3026 Lucky-seven Wed, 15 Jun 2011 19:57:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-3026 06/15/2011 D-Day!!!   Tomorrow I represent myself before a SocialSecurity representative for my final Repayment waiver Request review. On 12/10/2010 it was discovered I had been receiving SSA checks in error and would have to pay it back through no fault of my own. This discovery happened at a meeting at SS  while applying for benefits for a grown handicapped son. SS FINDINGS/discoveries at that 12/10 11 meeting: 1. Our son was eligible for SSA benefits     2.  I was not!      3. SS had qualified me in 2001 under  my husband's earnings in error in 2001 while he was initially applying for his Medicare Part"A" at age 65.5        4. SS began sending me small SSA checks until 12/10/2010 and SS wants repayment. BACKGROUND FACTS: In 2001 SS had documents showing my full time taching employment and my retirement-income- prediction for 2003. I'm now 74, retired 7 years, under financial-hardship barely making ends meet, my husband is 75 -deaf-with 5 bypass surgery... and I am the overseer for the care and business of our handicapped son... and I'm being asked to repay nearly $37K.  Your preceding information of cases is helpful and I'm hopeful and thankful for the information you have provided. I know I need legal help, but so far NO one on the SS provided list of possible help has responded. This leaves it all on me and I'm nervous. Will  SS force us to sell our home of 44 years, or cash in  my only remaining-dwindling needed income (IRA) or what?????...... Question: Is there any time statute on how far SS can go back for collection? Thanks for any reply you can post.  (Retired Public School Teacher for over 36 years) 06/15/2011
D-Day!!!   Tomorrow I represent myself before a SocialSecurity representative for my final Repayment waiver Request review.
On 12/10/2010 it was discovered I had been receiving SSA checks in error and would have to pay it back through no fault of my own. This discovery happened at a meeting at SS  while applying for benefits for a grown handicapped son.
SS FINDINGS/discoveries at that 12/10 11 meeting:
1. Our son was eligible for SSA benefits    
2.  I was not!     
3. SS had qualified me in 2001 under  my husband’s earnings in error in 2001 while he was initially applying for his Medicare Part”A” at age 65.5       
4. SS began sending me small SSA checks until 12/10/2010 and SS wants repayment.
BACKGROUND FACTS:
In 2001 SS had documents showing my full time taching employment and my retirement-income- prediction for 2003.
I’m now 74, retired 7 years, under financial-hardship barely making ends meet, my husband is 75 -deaf-with 5 bypass surgery… and I am the overseer for the care and business of our handicapped son… and I’m being asked to repay nearly $37K. 
Your preceding information of cases is helpful and I’m hopeful and thankful for the information you have provided. I know I need legal help, but so far NO one on the SS provided list of possible help has responded. This leaves it all on me and I’m nervous. Will  SS force us to sell our home of 44 years, or cash in  my only remaining-dwindling needed income (IRA) or what?????……
Question:
Is there any time statute on how far SS can go back for collection?
Thanks for any reply you can post.
 (Retired Public School Teacher for over 36 years)

]]> By: Tim http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-2845 Tim Wed, 27 Apr 2011 15:11:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-2845 I am so sorry to see that so many people are going through this. I collected ssi under my dad since i was about 6 years old. I am now 22 when I turned 18 I got a letter from ssi saying I owe 47,000 for over payment. I would like to know how a child can ask for ssi receive a check and deposit the check, what did I ride my tricicle to the bank to deposit this check. My dad collected ssi when he became disabled on the job. I filled out the waiver and it got denied. I dont know how it took then around 11 years to discover that they were overpaying this money I did not ask for this money and i dont have 47,000 laying around to give them I am just a young man trying to survive. If any one has any advice for me please I would welcome it .... Tim I am so sorry to see that so many people are going through this. I collected ssi under my dad since i was about 6 years old. I am now 22 when I turned 18 I got a letter from ssi saying I owe 47,000 for over payment. I would like to know how a child can ask for ssi receive a check and deposit the check, what did I ride my tricicle to the bank to deposit this check. My dad collected ssi when he became disabled on the job. I filled out the waiver and it got denied. I dont know how it took then around 11 years to discover that they were overpaying this money I did not ask for this money and i dont have 47,000 laying around to give them I am just a young man trying to survive. If any one has any advice for me please I would welcome it …. Tim

]]> By: TomaszStasiuk http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-2692 TomaszStasiuk Fri, 01 Apr 2011 18:35:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-2692 Hi Brian. Thanks for commenting. Feel free to call me if you want to go over the claim. Hi Brian. Thanks for commenting. Feel free to call me if you want to go over the claim.

]]> By: Brian http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-2682 Brian Fri, 01 Apr 2011 03:58:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-2682 Tomasz - I recognize you from a Social Security group that I belong to on Linked In. Thank you for this article as I found it to be incredibly helpful. I am representing a claimant in an overpayment case and the ALJ requested a brief. This article made the research pretty easy (although I still have my doubts about actually wining this one.) Thanks for posting and keep up the good work! Tomasz – I recognize you from a Social Security group that I belong to on Linked In. Thank you for this article as I found it to be incredibly helpful. I am representing a claimant in an overpayment case and the ALJ requested a brief. This article made the research pretty easy (although I still have my doubts about actually wining this one.)
Thanks for posting and keep up the good work!

]]> By: TomaszStasiuk http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-2445 TomaszStasiuk Tue, 01 Mar 2011 20:01:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-2445 That's what gets me angry about Social Security. The 9 month Trial Work Period is designed to let individuals test their ability to work. It should not be a trigger to cause a re-evaluation of the entire period of disability. That’s what gets me angry about Social Security. The 9 month Trial Work Period is designed to let individuals test their ability to work. It should not be a trigger to cause a re-evaluation of the entire period of disability.

]]> By: Cbrn7601 http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-2444 Cbrn7601 Tue, 01 Mar 2011 19:08:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-2444 Glad to see there are others in the same boat as me. I just recieved my bill for $45,000. I collected disability while I was fighting for my life. Terminal colon and liver cancer beat the cancer for now but my oncologist says terminal is terminal and it will be back I have a 5 year prognosis. That is the average battle time with colon cancer. Yup I went back to work on my caseworkers advice on a Trial to Work program. According to her and there website you can make as much money as you can without it affecting your benefits. Big fat lie when you call to have it shut off they do a "pay review" to determine how much you made. Guess what I made to much money and they backtracked to when I was actually flat on my back with 72 staples in my stomach and said I wasnt eligible then either. Go figure, now I just have to live thru another fight this time with the federal government. I beat cancer when they told me I had 6 to 9 months and I will beat them!!! Glad to see there are others in the same boat as me. I just recieved my bill for $45,000. I collected disability while I was fighting for my life. Terminal colon and liver cancer beat the cancer for now but my oncologist says terminal is terminal and it will be back I have a 5 year prognosis. That is the average battle time with colon cancer. Yup I went back to work on my caseworkers advice on a Trial to Work program. According to her and there website you can make as much money as you can without it affecting your benefits. Big fat lie when you call to have it shut off they do a “pay review” to determine how much you made. Guess what I made to much money and they backtracked to when I was actually flat on my back with 72 staples in my stomach and said I wasnt eligible then either. Go figure, now I just have to live thru another fight this time with the federal government. I beat cancer when they told me I had 6 to 9 months and I will beat them!!!

]]> By: Zoey http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-2405 Zoey Sat, 19 Feb 2011 01:37:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-2405 I received notification from SSA that I was not entitled for the cost of living increase for 2007 and 2008. They claim that I have a overpayment. Has everyone experienced this? If so, how did you handle this situation? I received notification from SSA that I was not entitled for the cost of living increase for 2007 and 2008. They claim that I have a overpayment. Has everyone experienced this? If so, how did you handle this situation?

]]> By: TomaszStasiuk http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-2369 TomaszStasiuk Wed, 09 Feb 2011 01:06:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-2369 My office does not do case evaluation by email. However, feel free to contact me through my firm's web intake page: http://www.stasiukfirm.com/contact/ My office does not do case evaluation by email. However, feel free to contact me through my firm’s web intake page: http://www.stasiukfirm.com/contact/

]]> By: Petrangelo http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-2365 Petrangelo Tue, 08 Feb 2011 21:07:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-2365 I have been fighting SS over overpayment money that was sent to me and was their fault. I just got a decision from the appeals council establishing that SS was clearly at fault. This reverses the Adm. Law Judges Decision and they gave me an option of going before another Adm. Law Judge or appearing before the appeals councel themselves. They upheld to overpayment however based on not defeating the purpose of the SS act. Also that recovery would be against equity and good conscience. In 21 years of recieving SS disability insurance they have been incorrect in the offset of my SS based on recieving Worker's comp 16 years. Some of it was overpayment money and some was underpayment money. I have been fighing them for 5 years now. I would like to talk to you in more detail about my case because I have a few important questions before I make my next move. I have to leave my email address so please give me a response and I will contact you back. I have been fighting SS over overpayment money that was sent to me and was their fault. I just got a decision from the appeals council establishing that SS was clearly at fault. This reverses the Adm. Law Judges Decision and they gave me an option of going before another Adm. Law Judge or appearing before the appeals councel themselves. They upheld to overpayment however based on not defeating the purpose of the SS act. Also that recovery would be against equity and good conscience. In 21 years of recieving SS disability insurance they have been incorrect in the offset of my SS based on recieving Worker’s comp 16 years. Some of it was overpayment money and some was underpayment money. I have been fighing them for 5 years now. I would like to talk to you in more detail about my case because I have a few important questions before I make my next move. I have to leave my email address so please give me a response and I will contact you back.

]]> By: TomaszStasiuk http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-2316 TomaszStasiuk Thu, 27 Jan 2011 15:21:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-2316 Done! Done!

]]> By: Linabean http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-2315 Linabean Thu, 27 Jan 2011 02:44:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-2315 can you remove my email address off my reply to Bribarb1234 can you remove my email address off my reply to Bribarb1234

]]> By: TomaszStasiuk http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-2285 TomaszStasiuk Sat, 15 Jan 2011 05:54:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-2285 I can't say if this would apply in your situation, however one one the POMS dealing with joint and several liability is http://policy.ssa.gov/poms.nsf/lnx/0202205007 I can’t say if this would apply in your situation, however one one the POMS dealing with joint and several liability is http://policy.ssa.gov/poms.nsf/lnx/0202205007

]]> By: Linabean http://www.socialsecurityinsider.com/2008/06/overpayments-what-you-need-to-prove-to-win/comment-page-1/#comment-2284 Linabean Sat, 15 Jan 2011 03:56:00 +0000 http://www.socialsecurityinsider.com/?p=172#comment-2284 I am in the exact situation as you. Can you point me to the POMS that you used. I am so confused by the forms. I don't want to divulge any of my or my new husbands finances or income since I think it is irrelevant to this case. I can't afford to may nearly $23, 000. Is there any way for my ex-husband to take on the liability of this overpayment? I am in the exact situation as you. Can you point me to the POMS that you used. I am so confused by the forms. I don’t want to divulge any of my or my new husbands finances or income since I think it is irrelevant to this case. I can’t afford to may nearly $23, 000. Is there any way for my ex-husband to take on the liability of this overpayment?

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