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Hello, I need a social security expert. I was informed I have

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an overpayment with Social Security...
Hello, I need a social security expert. I was informed I have an overpayment with Social Security. There was an issues with communication (they had the incorrect address) and they started garnishing my checks. I've since been downsized. What can I do????
Submitted: 7 years ago.Category: Legal
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2/1/2010
Lawyer: Lawdoctor, Lawyer replied 7 years ago
Lawdoctor
Lawdoctor, Lawyer
Category: Legal
Satisfied Customers: 1,400
Experience: 22+ years legal practice including corporate, business, criminal, entertainment and litigation
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Dear Customer:

When you say you have an overpayment with SS, do you mean that you did not pay enough or they paid you too much? Also, if you are currently employed, are you still receiving SSI or SS?

Thank you.
Customer
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Customer reply replied 7 years ago
I mean they paid me too much, is what they're saying. I'm no longer receiving benefits. I am not employed now. I was downsized.
Lawyer: Lawdoctor, Lawyer replied 7 years ago
Dear Customer:

Thank you for the clarification.

Thank you for allowing me to assist you with your question.

Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.

Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.

There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!

If you are unemployed and are receiving unemployment benefits, these should not be garnished by SS. If you do not have a job, notify them and make arrangement for payments to be abated until you have employment or your re-initiate your social security benefits.

If you start receiving your SS benefits again, they will deduct an amount from your benefits to cover the over payments. If you are on 62+ SS, then apply for your benefits to restart, if you were on disability, and you still have the disability, then apply for coverage again.

I wish you the best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be off line. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

 

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Customer reply replied 7 years ago
Hello, No. You're not understanding. I was receiving disability. I recovered and went back to work. SSA contacted me 10 yrs later and said I was over paid. They started garnishing my wages to collect on the over payment. I'm now unemployed. I cannot pay the money back and couldn't afford it when I was employed. I'm asking for assistance to see if there's any steps and procedures to be done to get this waived. I understand there maybe a delay because I'm not the only person asking a question. If you have experience with these types of situations, then I'm fine with waiting until you can respond to my question.
Lawyer: Lawdoctor, Lawyer replied 7 years ago
Thank you for the clarification. You can file a SSA-632 form for a waiver or you can file an appeal. I would file the waiver first and if you are denied, then file the appeal.

http://www.socialsecurity.gov/online/ssa-632.html

The above is the link to Social Security web site with more information and the form. Fill it out and file as soon as possible for the waiver.

Here is a link to a PDF file that has very good information that tells you the reasons you can put in your requests for a waiver. I would print it out and use it in filling out the waiver form.



I wish you the very best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

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Customer reply replied 7 years ago
Since you have experience in this area(?) What is the liklihood that I will be successful in applying for a waiver since I am unemployed? I can't pay the bills I have now let alone a HUGE over payment amount.
Lawyer: Lawdoctor, Lawyer replied 7 years ago
I would say in the current economy, you should be successful. Just make sure you follow the guidelines in the second web site I gave you. It is very good information and if you can show that your future employment outlook is not very good, you should be able to get the waiver.

I wish you the best.

Thank you again for trusting us with your problem. Good luck and Godspeed.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.
If I don’t’ answer immediately, I may be offline. If so, I will answer as soon as I come back. If I am online, I may be assisting someone else and will respond as soon as I can. Thank you for your understanding and patience.

Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.

DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

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Lawdoctor
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