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The Social Security List of Impairments
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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.
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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.
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