How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

I got a letter stating I was overpaid and now have an overpayment

"Well for 10 years I have battled a Stage 4 Cancer and received disability. My last scans showed a remarkable increase in metastatic disease. Then I get a letter saying I was overpaid for the Year 2008. You see, I have a wife who has severe Fibromyaglia and doesn't work and 2 elementary school kids and they receive SSI based on my disability. I also receive medicare. To survive, I've dabbled in selling travel club packages online and for a while I did well until the company allowed the payplan to be manipulated and I was cut out of my commissions. So, I invested in a scam( thought it was legit) and lost everything. Now, I am so broke. I even had to accept energy assistance. Without our disability payments, we will be homeless. This payment covers the rent. Then last year I had surgery for another cancer(melanoma). I have been on the most powerful medications for the last 10 years straight and am totally disorganized and mentally down. Ignorance is no excuse but I honestly had no idea they could take my disability away."

Work is a confusing issue for many Social Security Disability recipients and many find themselves in your situation and much worse. This situation is most likely not as severe as you might think.

From the facts that you mentioned in your post, I assume that you were only overpaid for the year of 2008. This most likely means that your disability claim had a work review and Social Security found that they paid you some months of benefits they should not have due to your work activity. If so, it does not mean that you have had your disability benefits terminated or that you are no longer Medicare eligible.

I would hazard to guess that you now have an overpayment and that is what should be dealt with at this time. If you do indeed have an overpayment, you need to file a waiver so that Social Security will cease collection actions.

In order to file a waiver, you need to call or go by your local Social Security office to get a waiver form, then complete the form and provide proof of expenses. Social Security may decide in the end to deny the waiver; however you can work out an equitable payment arrangement. Sometimes the monthly repayment amount is just a few dollars a month and the payment arrangement will keep your benefits intact.

Additionally, you can still appeal your overpayment to an administrative law judge even if you have made a payment arrangement. If the ALJ decides in your favor, he or she may lower the amount of the overpayment or waive it entirely.

Overpayments can happen to anyone. The difference is how you handle the overpayment. You do not have to lose your disability benefits, or those of your children. If you are denied for your waiver, just make a small payment arrangement. Social Security would like it all to be paid in thirty six months, but they are willing to work with you if your income and resources do not allow you to make a payment that repays the overpayment in thirty six months.

Essential Questions

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Filing for disability - when to file

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Qualifications for disability benefits

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Qualifying for Disability - The Process

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Applying for disability, medical conditions
What Happens When You File an SSI or Social Security Disability Application?
If I get disbility, can I get help with electric or utility bills?
Contacting a Congressman to help a disability case
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What Mental Problems Qualify for Disability?
Disability for a mental condition
Tips for Filing for disability
Financial Help Filing For Disability
Checklist for filing for disability, SSI or SSD
Qualifying for disability benefits, how to qualify for SSD or SSI
Filing a disability application: the steps
Disability award notice, how long it takes to get benefits
How to Apply for Disability - Where do I go?
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How to check my disability claim status?
Can a disability attorney speed up a disability case?
SSI disability Award Letter
How long to get approved for disability?
How to apply for disability benefits
How long does disability back pay take?
What are qualifications for getting disability?
What medical conditions can you file disability for?
Disability Lawyer help questions
Social Security Attorneys, Disability Representatives

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.