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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Social Security
Satisfied Customers: 17463
Experience:  B.A.; M.B.A.; J.D.
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They are including time I was not on SS and not receiving

Customer Question

They are including time I was not on SS and not receiving checks as part of an overpayment. I have been on disability since 1981. Hard to make this short. I got a divorce, she aquired large debt, I was to get stuck to pay. was kind of suicidal had no idea how I was to pay this. Friend offered me pt job. I contacted SS by phone, mistake, they said I could earn 700.00 a month. Full time position came available. I was asked if I wanted to try, said I would have help. contacted SS by phone again, another mistake, stating I would like to try. They said I had a trial period. ALSO shared they would contact me. So I assumed they would let me know around the end of trial period. I have/had a witness to this conversation but last I knew she was in intensive care so didn't get a notarized statement from her. 4 yrs later, they did, terminated my disability and said I owed $22000. Now Im freaking again cause I was fired for not being able to do the job. Now more penneyless, I tried to get another job. I did. However, during that work period, had to have new hips and tour both rotary cups in shoulder. Hard for me to get around I use 2 canes and use arms to lift me etc. Im doing more damage to myself and the job was to much for me. I contacted SS again and refiled a claim. My Dr sent in his reports, SS Dr. sent his in and talked to a SS lady in Phx. The guy at the SS office said because it was in a time frame, he could reinstate me. He did, but I had just recieved a check of 1100 and showed him the stub, he tells me no prob. just dont make any more that month and don't make over 1000 per month there after. I didn't on both accounts. He said SS would want monies on that 1st overpayment. Shared I didn't agree with that but he can put down 100 a month payment. He did. Again, years later I recieved a letter telling me they over paid me 87,000, plus the 22,000 now over 100,000. I go to local office, they say I didn't do anything wrong. Started my checks coming again. Few monthss went by and was told they were cancelling my disability agan. Again to the SS office, they say didn't do anything wrong recieved checks again, all but April and May 2015. I asked for a hearing and received one, but she ruled with the SS office. Shared with her that they have all the info why can't they see I made less then allowed. Now I have to appeal this and try and find someone to help me. They increased the amount withheld to 360.00 per month. Alot of money when about 1/3 of income. Nothing was said about not being disabled or why this is happening. I am getting my checks, nothing more has been received except the appeal not being my favor.Whhy are they calling an overpayment and not an algability claim. Have no idea what is going on except, they are wanting all my monies from when they reinstated me (2010)to sometime in 2014. But after that time, haven't heard but I think, they are not saying they over paid me anymore.They never questioned my disability. They are even counting the months I was terminated for in this overpayment. How is that possible? Alsoe shaft. , I made one mistake by being ignorant with the SS laws, what would make them think I would do something I wasn't told to do with that hanging over my head. I admit I do not know the SS laws, but I thought I was doing the right thing by contacting them the first time and waiting for them to contact me. This second time I did exactly what they told me to do and still got the shaft. The letter I received said to prove I knowingly did a fraudulent. I did not knowingly do anything of the kind. Isn't it up to them to prove I did? Been receiving SS about all my adult life. I rarely ever receive anything from SS. Not even a letter for a review, nothing until all this.Never been in trouble, I'm not a criminal or can I think like one.I am an honest person who generally does nothing wrong. Hell I'm 60 years old, why would I think of doing something illegal at this time in life.
Submitted: 9 months ago.
Category: Social Security
Expert:  Phillips Esq. replied 9 months ago.

I am so sorry to read about your difficulties.

Since you have appealed and lost, you need to file for waiver of the alleged overpayment because you did not knowingly receive payments that you did not think that you were entitled to. You contacted Social Security Administration for directions on several occasion. Here is the link to overpayment waiver request form:

https://www.ssa.gov/forms/ssa-632.html

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