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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37855
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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If ssa says you owe them or disability back money will that

Customer Question

If ssa says you owe them or disability back money will that affect your ss retirement
Submitted: 2 years ago.
Category: Social Security
Expert:  LawTalk replied 2 years ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
It is possible for an overpayment made by social security while you were collecting disability to effect your retirement benefit when you become eligible for that. H0oowever, there are a couple of ways that you can seek to avoid the overpayment claim and any effect on your retirement benefits.
The first way is to file a request for a waiver of the overpayment. Under the present circumstances, you might consider filing for a waiver of the overpayment based on the fact that you were unaware that you were ineligible and that you are financially hurting, and paying it back would result in an extreme financial hardship on you, possibly resulting in your need to go on public assistance, if this is the case.
You can file for a waiver (it's a form SSA-632) and here is the link to the form:
Alternatively, you may argue need. Recovery of an overpayment will defeat the purpose of Title II of the Social Security Act if recovery would deprive the beneficiary of income required for ordinary and necessary living expenses. POMS GN 02250.100; 20 C.F.R. § 404.508. Such ordinary living expenses can include: food, clothing, rent/mortgage, utilities, insurance premiums, taxes, medical expenses, and other miscellaneous expenses. Proof that recovery would deprive the person of such income can be shown on SSA's Request for Waiver form.
Just fill out the questions as they appear on the form. Then drop it off, or mail it to your local social security office.
Even if they don't approve your waiver, at least they will stop collection efforts until they decide on your waiver. If they deny your request for a waiver, you may appeal their decision two times. If the waiver is denied the first time, I would urge you to retain a local Social Security attorney to represent you on the appeals---to give you a better chance at persuading them to grant the waiver.
Another way to avoid the overpayment is to consider filing for bankruptcy. In bankruptcy, Social Security overpayments are treated just like all of your other unsecured debts---like credit cards. This can allow you to discharge your liability on the overpayment.
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,