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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13281
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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I was on ssi since 2003. About four years ago, I was ordered

Customer Question

I was on ssi since 2003. About four years ago, I was ordered to repay back money. This is around 66,000 dollars. I have made an agreement with Social Security and with an attorney to repay $100 a month. Can Social Security take my federal tax return if I am making payments and have agreed to repay the money?
Submitted: 10 months ago.
Category: Social Security
Customer: replied 10 months ago.
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Expert:  Stephanie O Joy, Esq replied 10 months ago.

Good morning,

Yes, the SSA has the power to take your federal tax return. However, if you have a written binding settlement contract wherein they agreed to forego that right, then if the SSA does breach that, you could potentially sue the SSA for that breach of the agreement. SO you really need to look at your contract and see what they agreed to. Often, the agreement merely states that they will agree to NOT take your whole SSI check, but only XX amount, such as the $100 you agreed to and they may agree to refrain from prosecuting (if there was a fraud component) - but they don't mention any agreement to not lien your tax refund. However, you had a lawyer on this and hopefully he was able to put the federal tax refund language in there as well.

Expert:  Stephanie O Joy, Esq replied 10 months ago.

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