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Social Security Disability Waiver of Overpayment

"I was put on disability after flying through a windshield in 1987 for head trauma. in early 1990 i really worked on developing again and Gov't. said i was healed and took the disabilty away. I had told them i still had internal to deal with but they said they were through. After trying and being denied to find a doctor on medi-cal I partnered with another and after paying for tests out of pocket and finding enough results to send dr. back to disability, the dr. would recant their findings. Now after years of landing in hospitals, dr's not knowing if i would pull through the night. I started on welfare and in January i was sent to SSI. i was automatically put on disability the first of april 2012. Now i am being sued 18,000 for over payment. What do i do? Thanks, Jake "

It sounds as though you may have created an overpayment of disability benefits through work activity prior to Social Security stopping your disability benefit because of medical improvement. That overpayment has just been sitting on your record basically waiting for another entitlement to benefits. If you would have continued working until retirement age, Social Security would at that time try to collect the overpayment.

However you have been approved for another period of disability so they are asking for repayment of the overpayment.

I would suggest that you go to your local Social Security office and file for a waiver of the overpayment. If they deny your request for waiver, request a personal conference, and even if that is denied you should file a request for hearing. When you file for a hearing, you should work out a small payment arrangement to keep them from holding your entire monthly amount.

I am not sure if you are receiving SSI or Social Security disability. If you are receiving SSI disability, they will withhold a portion of your SSI benefits whether you file for a waiver or not. If you are receiving Social Security, they may hold your entire monthly benefit it you do not work out a small payment arrangement while waiting for your hearing.

Return to:  Social Security Disability Resource Center, or read answers to Questions

Related pages:

What should you do when a social security disability or ssi overpayment occurs?
How Do You Avoid, and What causes, a Social Security Disability Overpayment?
Why do social security disability and ssi overpayments happen?
Social Security made a mistake and assessed an overpayment and stopped benefits
Social Security Disability Waiver of Overpayment
Getting a Waiver of a Social Security Disability Overpayment

Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI

These pages answer some of the most basic questions for individuals who are considering filing a claim.

Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria