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stephanie jones
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, March 12, 2001 - 11:12 am: | 
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I have a soon-to-be 18 year-old brother who lives in KY and is drawing survivor benefits. He recently received a letter in the mail saying that if has any money saved from his benefits he SHOULD return the money. He has put back some money to use toward college. Does he have to return this money? The letter did not say he must, the wording was should. |
Paul McChesney
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, March 20, 2001 - 6:43 am: |
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You certainly should not ignore this letter! There are many reasons why he might be overpaid. He needs to consult with a local attorney immediately! There are sometimes ways to get an overpayment waived, and he might be able to prove that there never was an overpayment. He only has a limited amount of time to challenge the overpayment. The waiver time frame is more complex. Get an attorney! |
Raj
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, January 29, 2002 - 7:57 pm: |
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My son David has been on SSI for the last few years for his ADD problem. Now he is working at a Grocery store. So, the SSI money has stopped. Then we got a letter from Soc Sec Administration saying that during the past few years they have overpaid David $26,411
As David was receiving the money from SSI, he was using it for his personal expenses. He has only couple of hundred dollars in his account.
Soc Sec Admin is asking us to pay the money back or get on a payment plan.
David does not have the money to pay. Please help us in this matter as to what are our options. |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, January 30, 2002 - 4:31 pm: |
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You need to get a lawyer, and right now! |
Michele Robinson
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, July 24, 2001 - 9:52 pm: |
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My oldest daughter is disabled, about a year ago I got a higher paying job, I understand that when you income goes up your benefits go down. I have had nothing but problems from SSI. One paper that they send me says I owe $700.00 The next one might say 2,500.00. I am so tired of dealing with this issue with them is there anyway that I could get some help on this matter?
Repy by Paul In one way, no. As your family income goes up and down, her check will go down and up, forever.
Be sure they know every variation in your income, and every time they send you a notice, check and make sure their assumptions as to income are correct. You might consider filing a waiver of overpayment. |
DEBRA BURKE
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, March 30, 2002 - 8:38 pm: |
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MY MOTHER HAD RECEVIED A REPAYMENT LETTER FROM THE SOC SEC ADMINISTRATION ABOUT A MONTH AGO. THEY WANTED HER TO PAY BACK 6,571. WE APPEALED AND WON.IT WAS FROM MY FATHERS RETIRMENT FROM THE AIRFORSE. MY QUESTION IS IS SHE INTILTED TO A REPAYMENT FROM THE TIME THEY STOPED HER MONEYS? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 31, 2002 - 5:19 am: |
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That is a good question. She was once eligible for some reason, and either still is, or else is not for some reason. If she is not now qualified, there might be something she can do to requalify herself. For example, if she were drawing SSI, and now has a few thousand dollars too much in assets, she could dispose of those assets and requalify herself. If she cannot get her check restarted on her own, she should contact an attorney who specializes in this area and see if anything can be done.
Take care and good luck. |
MMU
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, October 16, 2002 - 9:25 am: |
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I began receiving Social Security benefits in January, 1995 for myself and my son. I was eligible for the benefits because I was disabled due to the end stages of Cystic Fibrosis. In October 1996, I received a double-lung transplant. It took me approximately 24-months to recuperate from my transplant. In October 1997, I began working part-time at my son’s school teaching Spanish. I had to quit upon the advice of my doctor. Due to the drugs I was taking, my immune system was suppressed and I was exposing myself to infections and viruses which are common among small children.
In October 1998, I returned to work as an Engineering Consultant, the profession I left prior to my disability. In approximately July 1999, after nine-months of steady employment, I notified the Social Security Administration through your 1-800 toll free number that I had returned to work through a temporary employment agency. At that time I was told that a Social Security representative would be reviewing my earnings records. Approximately six months went by and the benefits were still being direct deposited to my checking account and no one from the social Security Administration contacted me. Therefore, I again telephoned the Social Security Administration (through your 1-800 number) to advise them I had returned to work. The representative I spoke with stated there was a record that I had previously called and they would mail me form. I received a form in the mail and promptly filled it out showing my earnings and employment history since I had returned to work. The form was mailed to the Social Security Administration in the enclosed envelope. My benefits continued to be direct deposited into my checking account and no one contacted me nor did I receive any further correspondence.
In November 2001, I received a letter from the Social Security Administration stating, “We are increasing your benefits amount to give you credit for your earnings in 2000 which were not included when we figured your benefit before.” Benefits continued to be directed deposited into my account by the Social Security Administration. This notice led me to believe that I had taken all the appropriate actions and that they had made a decision to not stop my benefits.
In April 2002, I received a letter from the Social Security Administration requesting me to complete a work activity report (form SSA-821-BK). The form stated, “You have earnings on your earnings record we need a complete breakdown of all earning per month you worked 01-1997 to present.” The form was completed along with a detailed record of my earning and returned to the Social Security Administration.
I was notified in letter dated September 29, 2002 that mine and my son’s benefits were discontinued based on my earnings. The letter further stated mine and my son’s benefits should have stopped beginning of August 1999 because of my substantial work.
SSA has requested that I payback the monies given to me due to their mismanagement. I am appealing this request formally. What are the chances that the SSA will grant me a waiver? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, December 06, 2002 - 5:17 am: |
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MMU, this sort of thing happens all of the time. Let me first make a couple of comments about what tends to happen when a person trys to go back to work, and then try to answer your question.
It is easy to understand that if you return to work, you cannot continue to draw Social Security Disability benefits forever, but what does "return to work" mean? There are infinite degrees of success in any return to work attempt. Your situation is an example of this.
The next point is how the Administration treats the work attempt. It often happens that a person who is trying to work talks to several people at the Administration and gets a lot of different answers about whether he should continue to draw a check while attempting to work. I am sorry to say that you cannot trust anything you are told. It is extremely important to get something in writing showing that you have told them about any earnings, or have been told that the earnings do not disqualify you. Under certain but not all circumstances, letters from the Administration proving these things might excuse an overpayment.
Next point is that sometimes, in addition to claiming that the overpayment should be waived, you might consider asking that the Administration find that there was no overpayment to begin with. You often have a limited time, often 60 days, from any notice in order to do this.
Finally, to try to answer your question, you probably do have a chance at a waiver. It is often a frustrating process. If you have no income or a low one, talk to legal aid; if you have substantial income, consider hiring an attorney. In this sort of case you will probably have to pay something down to hire an attorney. If you cannot afford to do that, you might just sit down with one and get some guidance. Take care. |
stephaniecooper
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, October 06, 2003 - 12:33 pm: |
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I would like assistance with finding an attorney in Indianapolis, IN who can help me in filing an appeal. SS says I was overpaid SSI benefits for my son. I filed for a waiver and was denied saying I did not meet both requirements. SS says it was MY fault I was overpaid. I explained that I had reported my income and employment. SS says I did not. I would like to appeal their decision because I think my case needs to be investigated further. My caseworker told me before I filled the paperwork out that I would be denied. That leads me to believe I was not given a fair chance. I reported my information and they overpaid me, removed my son from SSI. She said I had 3 three years to pay the money back. If they agree that repaying the money would be a hardship then how do they expect me to pay?
Do I have a chance with an appeal? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, October 30, 2003 - 5:20 am: |
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I suggest you try legal aid if you don't have money, and call every Social Security lawyer in Indianapolis if you do. It is often difficult to get legal help with an overpayment claim.
If you can prove you reported your income, that is at least a start on getting a waiver; you also have to show some other things, including that you are fairly broke. You also might be able to work out a payment arrangement, and possibly might, or might not, be able to file bankruptcy against the overpayment. The overpayment rules are very complicated, and I am giving you only a hint of their complexity here. |
Lisa Monette
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, May 16, 2004 - 1:07 am: |
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I have a friend that is being evicted. The SSA claimed to have overpaid her, she has no other income, cannot work. She's currently in a wheel chair from a knee surgury. The management of the apartment are making harrassing phone calls stating that she will be put out in the streets if she doesn't pay the rent. In the meanttime, they served up a 3-day notice to pay or quit. The management knows she's having problems with SSA... I've tried to turn her to every resource that I know, but all failed. What can I do? |
sharen jernigan (Sharenj)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Monday, May 17, 2004 - 3:29 pm: |
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i just started reciving ssi and social sercurity in september of 2003,they had to go back to 1999 on my disiablity ,i recived 100 letters from the social security administration telling me this and that.in october of 2003 they sent me a letter telling me of a 2100.00 over payment on ssi .so they started taking 56.40 out of my ssi and i was forced to move someplace else due to not being able to pay rent.now they sent me a letter in april of 2004 saying i had a lump sum of 1954.00 coming and they took that also and now i;m forced to move again due to lack of funds since they took that lump sum and kept all the money they took from nov.2003 thur april of 2004 i have for a wavire for this so i can get some of the monies returned so i can stop my eviction ,my question who figures over payments and who decideds what they take and how much they take and how your suppose to live on nothing . |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, May 30, 2004 - 5:22 pm: |
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Your problems sound complicated. Maybe sit down with a local attorney and spread out all your papers.
Try legal aid; they will often help with overpayment cases.
Take care and good luck. |
Felicia Shelton
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, October 14, 2004 - 4:48 pm: |
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My mom had cancer and finanlly received disability insurance from a company she had been paying on for years for long term disability if she ever got cancer. Well it took months to receive it and finally she did and now she was approved SSI and now gets a check for a lower amount then she was getting and then SSI sent her a check for the back pay that she didn't receive for the 3 years. Now her independent insurance agency Cigna is requesting that she release the money to them because they are intitled to it. While she was waiting on her payment I took care of her and lost my job had to file bankruptcy and lost a lot to try and keep her up. We can't afford and attorney but we did spend some of the money that SSI sent to pay off some of the people I owed and that have been waiting for payment. Please help me. |
Felicia Shelton (Felicia)
New member
Username: Felicia
Post Number: 1
Registered: 10-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, October 19, 2004 - 10:32 am: |
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My mom had cancer and finanlly received disability insurance from a company she had been paying on for years for long term disability if she ever got cancer. Well it took months to receive it and finally she did and now she was approved SSI and now gets a check for a lower amount then she was getting and then SSI sent her a check for the back pay that she didn't receive for the 3 years. Now her independent insurance agency Cigna is requesting that she release the money to them because they are intitled to it. While she was waiting on her payment I took care of her and lost my job had to file bankruptcy and lost a lot to try and keep her up. We can't afford and attorney but we did spend some of the money that SSI sent to pay off some of the people I owed and that have been waiting for payment. Please help me. |
Tyra
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, September 21, 2004 - 7:39 pm: |
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Hi,
Is there a lawyer in the US who would take a case of alleged Social Security benefit overpayment case?
If so, do they charge by the hour or contingency.
Thanks
Tyra |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 852
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, November 14, 2004 - 5:46 am: |
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Unless an overpayment case is linked to a larger disability case, there are no back benefits out of which you could pay a contingency fee to a lawyer.
So, you must either pay by the hour or get accepted by Legal Aid or try to handle the claim yourself. |
Damary IL
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, October 14, 2004 - 3:16 pm: |
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i was receiving ssi benefits for my son from june 1999 to aug 2001. in year 2001 i got a letter from SS saying he was overpaid $6800 i've appealed 3 times and have gotten no response. now in 2004, keep in mind i have completely forgotten about this problem, my mother calls me to tell me i got a letter delevered to her to her house in puerto rico (i live in IL) from SS saying that i still owe this money. should i appeal again? what can i do. it's scary for me now b/c i just purchased a home.
any advise????
also, does SS charge penalties/interest on these amounts?
thx a mil |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 882
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, November 14, 2004 - 5:18 pm: |
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You need a lawyer to work on this for you. You might qualify for legal aid; if you do not you will have to pay a lawyer something. It might be worthwhile to just sit down and talk to one, anyway.
You need to keep appealing. For some reason the Administration likes to keep overpayment cases sitting around, and likes to forget about them.
You need to worry about your home, but in many cases the Administration just waits - if you plan on retiring, they will get you sooner or later.
The Administration charges no interest on what you owe it, and pays no interest on what it owes you. Since it owes more than it is owed, this is a great deal for it. The IRS, which is owed more than it owes, does charge interest. Happenstance? I don't think so. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, March 11, 2006 - 3:06 pm: |
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Our daughter was on Disability for several years.
She cannot continue and has tried to work for a
year. S.S. kept telling her to keep the checks until she was off the rolls. She now needs to go
back but her case has been completely taken off and she does not have the 5 year period left. She
made quite a bit of money in the last year plus
what S.S. sent her. Of course, it's all gone.
If they told her to keep the checks can they make
her return them now? The system is screwy. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, March 11, 2006 - 5:03 pm: |
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I cannot believe I posted the article under georgie. it doesn't even make sense to me.
To start over, our daughter 5l, was on social sec.disability until 2005 from l998. She was hopeful she could go back to work and Dr. released her and somehow the s.s.system took her
completely off the 5 year period they have to be
able to return to if they can't work. Well, she
cannot work. Loses jobs because she cannot be regular-Has a very chronic condition with spasms or charley horses in her legs which will not release. On morphine half of the time. They cannot
diagnose her. When she went back to work she called social security and told them to stop payments. They told her to keep the money if she
got any. Now after making approx. 30,000 this
year (minus
Soc.Sec. payments) I am sure they are going to come after her. This system is screwy? She probably doesn't qualify for legal aid and cannot
afford an attorney. What to do? From Indiana |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1132
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 19, 2006 - 3:26 pm: |
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Assuming your daughter not only kept, but also spent checks after the trial work period, she might succeed at a waiver claim, but might be in serious mess. If they put anything in writing saying she could spend the money, she better have kept it. She is not too poor to sit down and talk to a Social Security lawyer and spread out her papers. That just costs a couple of bags of groceries.
But it is very possible that she might be in the perfect position of having too much money for legal aid and not enough to be able to hire a private lawyer.
If anyone else is reading this who keeps recieving checks from the Administration after they return to work after the trial work period, please do give them back, and get a receipt for each. |
