Was laid off (RIF) in November 2014. Received a severance check and a small bonus ($20,000 total) in January of 2015. Applied for social security retirement benefits
after receiving the check. Received first SSI check in May of 2015. Asked social security representative if the severance check would count toward the earned income
limit. Was told no. July 2016 received notice of overpayment due to too much earned income in 2015. Submitted SSA-131 form
(Employer Report Of Special Wage Payment). Was denied. Resubmitted and was denied again with the explanation that bonuses and severance do not count as special payments even though it is clearly listed on the form as such and explanations and examples on the SocialSecurity.gov website clearly state
it as such also. Social Security demands payment of $2100 back and will take it out of my Social Security until it is paid. Do I have a case against Social Security.
JA: Because employment law
varies from place to place, can you tell me what state this is in?
Customer: New Mexico
JA: Has anything been filed or reported?
Customer: Social Security is will be taking the amount from my social security check until it is paid.
JA: When we are ready I'll take you to the appropriate web page.
JA: Anything else you want the lawyer to know before I connect you?