Social Security Disability Resource Center
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Reopening of a Prior Waiver in a Disability Case
"Thank you for taking my message. I hope you can find a answer to my question concerning the reopening of a prior waiver in my disability case. This is the situation; I was found disabled and approved for benefits as of May,2000. I received a notice of remand and reopening of my decision issued March, 2001.
In March 2004, I received a decision denying my reconsideration and decided I was not disabled during this period. I had a overpayment of $42,841.00 and all was waived except $2,166.00 I could not be found without fault. I was making monthly payments on this $2,166.00 during my new case.
I was then awarded benefits by the district court claiming a onset date of March, 2003. The notice of award stated a entitlement of approx., $90,027.00 in back benefits. Of that amt. $22,506.75 (21%) was withheld for attorney fees.
I received a back pay check of $31,599.00 in April, 2003. And monthly benfits have been ongoing. May, 2012, I received a notice that I was overpaid due to termination of benefits from Nov,2000 through March,2004. And they used all of my benefits for that period to reduce my past due back benefits. It also states I have a overpayment still remaining of $1,011.25.
My lawyer received 1/4 of the entire $90,027.00. Can a waiver be reopened in this manner? Please understand that my reason for remand was not a matter of lack of evidence but rather it was found the ALJ did not give my 2 physicians the weight they should have been given. I am unable to find a answer to this and therefore am going to request a hearing before a ALJ. I have no idea where to even begin. And I have yet to know if and why the waived amt. is now being enforcable. I hope you can give me a answer. Regards, Cynthia"
I, like you, am not sure why Social Security would charge an overpayment that has been previously waived. I have reviewed SSA policy on reopening waiver determinations, and according to regulations they generally to not reopen an overpayment that has been waived in the past.
Your situation is very unique as you were ceased and the overpayment was waived other than the $2166.00, however you became re-entitled to disability benefits for part of the initial disability period. There may be a provision that allows SSA to collect an overpayment from past due disability benefits with the new period of disability. I am really not sure.
I would suggest that you request another waiver. If you have a copy of your waiver approval notice include it with the request for waiver. Perhaps your waiver will be approved, if not, file a personal conference at your local Social Security office. If you’re personal conference is denied, you can request a hearing before an ALJ. If your previous overpayment was waived, you have a good chance of having the overpayment waived by the judge.
Social Security Disability and SSI Resource Center
The Most Basic questions about Getting Disability Benefits
Social Security Disability SSI and whether or not you can work
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Questions and Answers
More Social Security Disability SSI Questions and Answers
Common Questions about Social Security Disability and SSI
Winning Social Security Disability or SSI Benefits
The SSI Disability Benefits Program
Medical exams for disability claims
Applying for Disability in various states
Social Security Disability SSI and Doctors - Yours and Theirs
Social Security Disability and SSI Claim Reviews
Social Security Disability SSI System and Benefits for Children
Denials, Appeals, and Getting a Disability Lawyer or Representative
What you should know about Social Security Disability and SSI Denials
Questions about Disability Lawyers and Hiring a Disability Attorney
Frequently asked questions about getting Denied for Disability Benefits
FAQ on Disability Claim Representation
Disability hearings before Judges
Selecting and hiring Disability Lawyers
Various Types of Benefits including SSI, Mental, and Child benefits
Social Security and SSI based on Mental Disability
Social Security Disability or SSI Benefits for Children
Disability Benefits through Social Security
Filing for Social Security Disability or SSI Benefits
Social Security Disability SSI: Medical Evidence and Records
Filing your claim for disability benefits
Eligibility for receiving disability benefits
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
Resources on this site
Social Security Disability, SSI Terms and Definitions
Previously answered questions regarding SSD and SSI
About the Author of SSDRC, Tim Moore
For Individuals living in North Carolina
Applying for Disability in North Carolina
North Carolina Disability Lawyer
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