Social Security Disability Waiver of Overpayment

"I was put on disability after flying through a windshield in 1987 for head trauma. in early 1990 i really worked on developing again and Gov't. said i was healed and took the disabilty away. I had told them i still had internal to deal with but they said they were through. After trying and being denied to find a doctor on medi-cal I partnered with another and after paying for tests out of pocket and finding enough results to send dr. back to disability, the dr. would recant their findings. Now after years of landing in hospitals, dr's not knowing if i would pull through the night. I started on welfare and in January i was sent to SSI. i was automatically put on disability the first of april 2012. Now i am being sued 18,000 for over payment. What do i do? Thanks, Jake "

It sounds as though you may have created an overpayment of disability benefits through work activity prior to Social Security stopping your disability benefit because of medical improvement. That overpayment has just been sitting on your record basically waiting for another entitlement to benefits. If you would have continued working until retirement age, Social Security would at that time try to collect the overpayment.

However you have been approved for another period of disability so they are asking for repayment of the overpayment.

I would suggest that you go to your local Social Security office and file for a waiver of the overpayment. If they deny your request for waiver, request a personal conference, and even if that is denied you should file a request for hearing. When you file for a hearing, you should work out a small payment arrangement to keep them from holding your entire monthly amount.

I am not sure if you are receiving SSI or Social Security Disability. If you are receiving SSI disability, they will withhold a portion of your SSI benefits whether you file for a waiver or not. If you are receiving Social Security, they may hold your entire monthly benefit it you do not work out a small payment arrangement while waiting for your hearing.

About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.

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