Overpayment of S.S.-Disability anyone?

Discussion in 'Fibromyalgia Main Forum' started by lmmillion, Sep 19, 2005.

  1. lmmillion

    lmmillion New Member

    I've been on SS Disability for 2 1/2 years and received a nice lump sum when I was first approved. Of course, by now, the funds have all been spent on bills, etc. Now, after all of this time, SS informs me that they made a mistake and overpayed me to the tune of about $6,000 !! They claim that I was also receiving State Disability at the same time as SS was paying me. They claim that I reported a lower amount than what I was receiving from the state. Not true, as I had a company called Allsup handling my claim for me, as a benefit of my employer at the time. Allsup has my State Disability checkstubs in my file and it shows that I reported the correct amount. Allsup has tried in vain, to get a response from the SS office. Meanwhile, SS tried to stop my monthly payment in order to collect the overpayment. Mind you, I am a single parent, no child support, and no other means of income. I was told to appeal the decision and have filed the request. In the meantime, SS has agreed to take a minimum payment out each month until the hearing. I was also told that even if the judge reverses the decision in my favor and I don't have to repay the so-called overpayment, I am not entitled to be reimbursed for the amount they are witholding until my hearing. Has anyone else dealt with this issue? If so, how did the hearing go? Did you need legal representation? This is the pits!!
  2. JLH

    JLH New Member

    I've never dealt with a situation like this.

    I am bumping for you, hoping someone will come along who has had some experience with this type of situation!

    I'm sorry for you -- it sounds as if it's going to be a mess to straighten out!

    Hugs,
    Janet
  3. 69mach1

    69mach1 New Member

    jan. 05 i received my first lump sum check, then i was told i had another lump sum check coming due to my son, that was in march 05. then i get aletter saying i owe 2300 overpayment. well i fill out the paper work to contest it for it was there error, i gave them the correct amount of my worker's comp c&r. and the imputed an anmout of 4oo, so i wrote up letter and filed the form and i am still waiting for a decision. i contacted my represented senator lynn woolsey. so they are going to handle it. call you local senator and have them look into it for you,

    good luck

    also there is a waiver you can fill out that you can not afford to repay,


    jodie
  4. natrlvr2

    natrlvr2 New Member

    They are lucky I never went 'postal' on them.(if you know what I mean,it involves a gun,LOL-just kidding!) The Social Security office has done nothing but give me greif for 7 yrs.(took me 6 yrs. to win my claim) They have repeatidly LIED to me and misinformed me from day 1.
    When I did get my SSDI,they paid me through SSI(backpay).Then they said they overpaid me(but it was money I did not recieve yet but they had to subtract it anyway,makes no sense!)Then they took away my SSDI and put me on SSI even though I worked well over 25 yrs.I was acouple days shy of having enough credits for SSDI because of THEIR mistakes. My lawyer was so confused he said eh could nto do anymore. So I am now stuck with SSI until I die.Not enough to live on.My SSDI was much higher.Remember to keep all paperwork.I also leanred to also write down EVERYPONE's name that you talk with on the phone. From now on,I will tape EVERY conversation,even if it is illegal. I am so sick of all the lies.
  5. lmmillion

    lmmillion New Member

    I filed the waiver, but what a joke! I sat right there with the SS rep and we went over my income vs. expenses that I submitted. It was plain as day that my living expenses outweighed my income, yet the woman had the nerve to tell me that I would have to file an appeal because they were going to start taking out repayment!!

    I'm curious to know how your Senator has been able to help. Please post any further info about this process that might be helpful Thanks!!
  6. MamaDove

    MamaDove New Member

    I had a situation where my Dad supposedly was overpaid FOR me over 20 years ago...I apply for benefits and the first letter I receive was in the form of request for overpayment from 1983...This organization cannot seem to find records from last week, yet for overpayments, they go back decades!
    Anyhoo, I looked up the info online because SS people are not on my list of trustworthy humans and I found that if you file a WAIVER not only are you giving them every stitich of personal info, it is also an "admission of guilt". Preferably, you should file the other form (wouldn't ya know, the FOG is setting in and I can't recall the other form)which suggests that they have the burden of proving that YOU obtained the funds under fraud...Usually it is their calculations that are faulty, so let them prove it. As I approached the gentleman at my local SS office to file the form, he agreed that in my case I filed the right form...If I did the other, they eventually would have weaseled their way into my wallet, somehow, someway...
    My experiences with all of these vultures has brought me to the point of never asking them how to resolve anything...They will always do it the way it benefits them...That goes for every corporation...
    Sorry to be so cynical, but my past experience has shown this to be true...
    Hope you have a beneficial outcome, IN YOUR FAVOR...
    I was eventually sent a letter saying that the debt was forgiven...Hahahahahahahaha...Of course I am saving it because in a few more years they will be trying to collect on that debt again...That's when I have my lawyer rectify it. I can't tolerate issues like this anymore...The stress of it all just makes my condition worsen...That's why I no longer work (Hope someone from SS is monitoring this board)Maybe it will sink in their thick skulls how much they put us through...
    Good Luck to you, let us know the outcome...
    ~Alicia
  7. lmmillion

    lmmillion New Member

    Unfortunately, I filed the waiver months ago. The way I understood it was that my only chance to get them to cancel the so-called overpayment was to show them that it was not my fault and I could not afford to repay the debt. SS came back and said that I didn't prove that the overpayment amount was incorrect and I would have to appeal. I didn't think that I had the option of not filing a waiver. I'm still holding out hope that the company who filed my SS claim can produce checkstubs and documentation to prove SS wrong. What a mess ! Thank you for your concern. I'll be sure to let everyone know the outcome of this.
  8. mollyq

    mollyq New Member

    Im Massachusetts, there are a number of free or low cost legal services available to disabled people dealing with SS problems. I would check around and see what is available where you are. A good social worker who specializes in work with people with disabilities might know and an Independent Living Center Resources staff person might know. There are thousands of pages of policies that govern SSDI and SSI. Even if you could get them, read and understand them, an experienced disability attorney is the way to go once they start giving you a hard time.

    Molly