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Social Security made a mistake and assessed an overpayment and stopped benefits

My daughter has been on SSDI and was in the Ticket to Work program for several years, but is no longer working. She recently received a letter from SSA saying that she was not eligible for benefits since May 2012 because of substantial work and owes an overpayment of $35,000 for that 2 1/2 year period. An error was made by a DVR benefits advisor and SSA picked up on that claiming she worked for two employers at the same time, which in fact she did not.

A spreadsheet of her pay stubs and W-2ís confirms this and shows her pay was less than substantial, but SSA has her making $700+ more than she made in that month. She filed an appeal/reconsideration within the 30 day allotment and was told she cannot get benefits while this is being reconsidered.

How long does it take to be resolved in this type of situation when a mistake was made by SSA? It has been a month already. Do they have to show proof if they fail to approve? Will she have the right to a hearing at that point?

She should speak to someone at Social Security and determine if her Social Security disability benefits were terminated because of the work activity. If so, she should file for an expedited reinstatement of her disability benefits.

If your daughter files an expedited reinstatement, that would give her six months of provisional payments while they make a disability determination as to whether or not she is still disabled with the same physical or mental medical impairments she had when she was approved.

If she is not terminated, I am not sure why she cannot remain in pay status while they determine the overpayment amount. Call and get some clarification. Your daughter can appeal to a hearing before an administrative law judge should that be necessary.

Good luck with everything, I hope it works out.

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 provide answers to basic questions about pursuing disability benefits

Social Security Disability SSI - Eligibility Requirements and Criteria to Qualify
Who qualifies for disability? - Qualifying is based on evidence of functional limitations
Medical Disability Requirements for SSD and SSI
The non-medical Disability Requirements for SSD and SSI
How to Apply for Disability - What medical conditions can you apply for?
What are the Social Security Disability, SSI Requirements For How Disabled You Have to Be?
What types of information is Social Security Disability looking for?
Proving Functional Limitations and why this is Important on a Disability Case
Applying for Disability - Rules and Requirements when you Apply