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Law Educator, Esq.
Law Educator, Esq., Attorney
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have received a letter in the mail saying I am not entitled

Resolved Question:

I have received a letter in the mail saying I am not entitled to my disability checks anymore, they are taking away my Medicare ,too! They say I've performed substantial gainful activity, but I've been earning less than the maximum for years! They say I owe them $69,599.80 from Nov. 2006. I am HIV positive and almost 64 years old. I don't know what to do. Help!!!!!!!m
Submitted: 1 year ago.
Category: Legal
Expert:  Lindie-Moderator replied 1 year ago.
Hi,
I'm a moderator for this topic. I've been working hard to find a Professional to assist you with your Question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Lindie
Expert:  Law Educator, Esq. replied 1 year ago.
I am very sorry to hear this is happening to you. When the SSA determines there has been an overpayment, they have a right to collect that overpayment, that is the starting premise only. I am afraid however, that you need to now produce evidence that you were indeed disabled and unable to work as required by the SSDI guidelines and you need to file for an appeal hearing with the SSA. You are entitled to use an attorney at this hearing and if you win your case you can get SSA to pay your legal fees and you should do so. Furthermore, even if they prove you were not entitled to the benefits, your attorney has the ability to negotiate on the repayment upon proof there was no fraud and all of your work was disclosed and they continued to pay you benefits with the disclosure, then the director of SSA can approve a waiver or reduction of the overpayment upon your proof of the significant financial hardship that the repayment and loss of benefits would cause you.

If SSA is alleging intentional fraud, you must use an attorney because the matter then has criminal implications and you should not be making any statements to anyone about the working or overpayments.


To get a local SS attorney, you need to use the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com and most of the times these appeals are found in favor of the recipient unless there is intentional fraud involved.

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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 92510
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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