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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118286
Experience:  20+ Years of Employment Law Experience
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I have been on disability years. I have ms, rls, and severe

Customer Question

I have been on disability for many years. I have ms, rls, and severe depression, along with bladder problems due to ms. Recently, thanksgiving 2015, I voluntarily went to my local office and asked them to stop payments as I had gone back to a part time job. I now make less working then when I was getting disability. They sent me a letter saying I was no longer eligible as of October. 2014. No reason why. I spoke with my disability counselor and she told me I was allowed to earn 900.00 a month along with disability. I went over that amount twice by very little. They are asking for 26,000 back. There is no possible way I could pay that, what can I do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The director of the SSA can waive reimbursement, but you will need to file an appeal with them and provide financial statements and income/asset/debt information to them to prove that you do not earn enough to make repayment. The problem is that once you went over the earnings amounts (no matter how much), that is basis for them to discontinue your benefits. You are going to have to file the appeal and seek to qualify to reapply for benefits again if your disability is going to keep you from earning more than the substantial gainful activity.
I would strongly urge you to use a local social security attorney to represent you in the appeal, since that significantly increases your chances of getting any over payment waived and also would increase your chance of getting your benefits restarted (your doctor reevaluating you and saying your condition has worsened and you cannot continue part time work would help too, if possible).