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Andy4712, Tax Attorney
Category: Social Security
Satisfied Customers: 539
Experience:  Attorney working in social security.
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If social security made an error in computing disability income

Customer Question

If social security made an error in computing disability income where workers compensation benefits are involved, does the person receiving both benefits have to pay SS back for any over payment?
Submitted: 6 months ago.
Category: Social Security
Expert:  Andy4712 replied 6 months ago.
Can you ask for a reconsideration?
Expert:  Andy4712 replied 6 months ago.
Expert:  Andy4712 replied 6 months ago.
Expert:  Andy4712 replied 6 months ago.
Expert:  Andy4712 replied 6 months ago.
You have choices about how to respond to the overpayment. The main choices are: (1) Appeal the overpayment if you think it is wrong and that Social Security did not pay you too much SSI or did not overpay you as much as they said they did. You can also appeal if you do not understand how the overpayment happened. (2) Ask for a waiver of the overpayment, which means that you agree that Social Security did pay you too much SSI but you don’t think you should have to pay it back. (3) Both !appeal and ask for a waiver. There is a lot more information about how appeals and waivers work a little later in this booklet.
Expert:  Andy4712 replied 6 months ago.
You should probably appeal and ask for a waiver.The above is from this link:
Expert:  Andy4712 replied 6 months ago.
I would read the above link. It tells you how to appeal. I hope this answers your question.
Customer: replied 6 months ago.
I have already asked for an appeal and a waiver. They have reviewed our case and will not approve our request for a waiver.
They have come to the same conclusion, that we were overpaid. We have a personal conference meeting next Wednesday the 27th with a representative who was not involved in any decision about our waiver. I know that we are allowed to review our case again and add any new facts and also question the facts they have and the people who gave them.
We Feel that someone made a mistake at the very begining and that's why the amount of overpaying is so great. If you just multiply our yearly amount of benefits by an average of 2.5% COLA it comes to under $10,000. They are asking for over $22,000 EACH. I Am receiving half of my husbands benefits. So my benefits were based on his bogus numbers. He is now currently no longer on disability. He started collecting regular SS in January 2016 when he turned 66yrs.
What can we do at this next meeting to avoid having to pay back the overpayment of over $45,000. We feel it was not our fault because we gave them all the info they needed to compute the disability benefit on day one. We took our info directly to them immediately from the lawyers office. Not at any time did anyone tell us that we had to report any COLA increases to SS. Neither wkcomp nor SS. We assumed they would be working together from day one. My husband was on disability since 2002. Not at any time did SS review his benefits, only asked if he was still disabled. And we sent proof both times when he was totally disabled and again when the court declared him permanently totally disabled. We always responded to any questionnaires from either agency in an expedient manor.
Customer: replied 6 months ago.
When I asked a couple of SS reps about how the disability benefits are determined, they all gave me he same answer...that its very complicated and they don't know how to do it, and only qualified people can do it. When we first applied for disability at our local offfice, a rep took our info, asked questions, etc. and told us that he qualified for disability and that she would submitted his application and that he would receive a letter advising him of his benefit amount. So I want to know who initially determined the amount of benefit and how did he computed it, and what figures did he use. I feel we have a right to know how it was computed so we can check their computations for accuracy . How else will we know where the errors were made? Why are we expected to just accept their computations and pay the overpayment?
Expert:  Andy4712 replied 6 months ago.
Maybe you should try getting some help from a local social security attorney.

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