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Your blog post and the next one about attorney's fees in overpayment cases highlights the issues related to this difficult area. A have had a couple of overpayment cases over the years and here are a couple of points to add to your post:
1. if the overpayment issue relates to monthly benefits and work, or perhaps the end of the trial work period or extended period of disability,you will need to go month by month to see if there really was an overpayment. I once had a case where the employer reported more than the employee received.
2. if the case involves a large sum ($25,000 for example), it is helpful to know if the claimant contacted SSA and tried to report the overpayment. I had a case several years ago where my client kept reporting the overpayment and more than one SSA rep told him that there was no problem and to keep the money. These statements from SSA were not in writing, but he did keep a record of when the calls were made and his dates matched up with the contact dates in his file. The latest SSA rep told me that she would take the matter under consideration and that was five years ago.
Jonathan Ginsberg
Ginsberg Law Offices, P.C.
Atlanta, GA
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.
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.
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
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!
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!
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?
Thanks for your help.
AND, there is nothing that says you can't request a Waiver every month.
Fight to the end
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.
Idaho spinal fusionx2 work related.