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Attorney & Counselor at Law
Attorney & Counselor at Law, Attorney
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I must file an appeal to Social Security because I am facing

Resolved Question:

I must file an appeal to Social Security because I am facing repayment of SS Disability benefits 50k due to an arrest warrant I was not aware of. The Judge cancelled the warrant, excused me for missing a court date 2 years ago for a DUI Traffic ticket, but the local SS office did reinstate my Social Security but claims repayment due. Do you think I can win on appeal
Submitted: 8 years ago.
Category: Legal
Expert:  Attorney & Counselor at Law replied 8 years ago.
Yes, you might be able to win on appeal, but you will need the assistance of a lawyer.

Social Security disability cannot be paid in any month where there is an outstanding warrant for a felony, or a warrant for a crime punishable by more than one year.

If you had such a warrant outstanding during months when you claimed benefits, SS can recover such funds as overpayment.

However, if the warrant was expunged, or wrongly issued, and you have proof of this, you may be able to appeal.

If the history of the warrant currently remains on your criminal record, an appeal will be very difficult. Most warrants, when canceled, do not apply retroactively.

That means that there is not currently a warrant for arrest, but one rightfully existed in the past while you claimed benefits. If the warrant was just while it existed, that means you were not entitled to SS disability during those months.

Also, you should explain the situation fully to the SS office, explain the innocent mistake, and ask for their help.

Also, I recommend you contact the Atlanta Bar Lawyer Referral service. When you call, make sure to explain that you have contacted other law firms with no success. Tell them you want a lawyer that can help with SS disability appeals. The number is(NNN) NNN-NNNN

Good Luck!
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