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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-2’s 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.

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