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Ask Stephanie O Joy, Esq Your Own Question
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 retired in 2012 at age 68 with California STRS benefits

Customer Question

I retired in 2012 at age 68 with California STRS benefits and 40+ Social Security quarters to qualify for Medicare benefits.In 2012 Social Security started to pay me $20. in monthly benefits. I recently received a letter from S.S. saying they over paid me @$10,000. in benefits and I must re-pay them. I am in shock and, would like to know the best way to fight this incredible amount. Thank You, ***** *****
Submitted: 1 month ago.
Category: Social Security
Expert:  Phillips Esq. replied 1 month ago.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 1 month ago.

I am sorry to read about your difficulties.

In Already Tried" section, you seemed to indicate that you have filed an appeal. Did you file the form to request a waiver of the overpayment?

Kindly clarify.

Are you disputing that you were overpaid?

Thank you for your cooperation,

Customer: replied 1 month ago.
I did not file the request of waiver of the over payment yet pending your legal advice. Yes, I am disputing the @$10,000. supposed over -payment since my monthly benefit was $20. 00 monthly from S.S I have request (twice) an accounting of how they came to the 10K over payment but, have received nothing..
Expert:  Phillips Esq. replied 1 month ago.

Thank you for the information. Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

Expert:  Phillips Esq. replied 1 month ago.

If you are disputing the overpayment, you need to file Request for Consideration instead of Request for Waiver of Overpament. Request for Waiver of Overpayment is used when you do not dispute the amount, but cannot afford to pay it. Request for Consideration is used when you are disputing the overpayment. Click here to download the form.

If you lose your Request for Reconsideration, you can appeal the case to the Administrative Law. Click here for the appeal form.

Goodluck with your case,

Customer: replied 1 month ago.
I know what you told me already. Both appeals were explained to me by the S.S. information operator. I called your service for legal ways to fight the over payment not provided by the S.S. already. All you have done is give me information I already know !!!!!
Expert:  Phillips Esq. replied 1 month ago.

I will opt out and give another Attorney the opportunity to further assist you.

Customer: replied 1 month ago.
Please inform the new lawyer that I want legal information that will help me fight the over-payment, specifically. Every thing the first lawyer told me I already was apprised by the social security office.so far your service has been of no help in solving my problem.
Customer: replied 1 month ago.
I am leaving on a trip beginning early Tuesday, October 25th. As of now 8:55 P.S.T., I have NOT heard from your second attorney referred to my question from Phillips esq. Needless to say I am bitterly disappointed in Just Answer and your service to clients. Please cancel any further service and, I will not expect a charge for this waste of time.
Expert:  Stephanie O Joy, Esq replied 1 month ago.

Hi, Robert, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.

Also, before we get started, I am confused by your statement above. Today is 10/18 and you prior attorney (who provided you accuracy and an answer to the question you asked for, actually) only opted out last night? There are few and far between any lawyers the exclusively practice SS law full time, much less are willing to help visitors here, so likely no one was available last night - I for one had other plans, so I was not here. And no, I don't contribute here 24/7. Today, for instance, I just returned from a day in court. I don't mind helping here, but I just need to know that you understand we don't work here per se, we are not "employees" of the site, and we share our time as we are able and willing. Given the niche-ness of SS work, that is likely why there was no one there to help you until I returned.

That said, since Attorney Phillips did provide you with the appeal docs, I suspect you wish to know HOW to prove the overpayment, not so much the procedure to submit the appeal, is that correct?

Also, at $20/mo for about 4 years, are we estimating you as having been paid about $960 total?

Just to keep you informed - I am leaving shortly for some Little League baseball for my son - I will try to check back with you later, otherwise, I'll be in the office tomorrow and will check back to see if you are to respond.

Until then, be well.

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