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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13563
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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I was approver security and received $750. I was then later

Customer Question

I was approver for social security and received $750. I was then later approved for state disability for $2900.19 years later they are saying I should not have received the social security and want backpay. should I appeal
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

I would appeal and I would argue that the claim is stale and that the SSA should not be able to assert such a stale claim 19 years later, when there is insufficient ability to obtain evidence to defend oneself. That said, the SSA has little legal responsibility for being accountable for its many errors, and as such, you may want to, while appealing, discuss settlement. For instance, if they say you owe 19 years X 12 months X $750, offer to pay back 2 years worth to settle the entire matter, in writing, legally binding. The SSA is likely terminating your prospective benefits, so you will no longer be getting the $750 if you are getting the $2900, so it MAY be that the SSA has no way of recouping the loss, even if it prove you wrong. You may want to consult with a state disability lawyer that practice's the area of law regarding your State's disability program to which you refer - to determine if your state disability benefits would be untouchable by the feds. If it is, the SSA would have greater incentive to "settle" with you rather than push for a big number, since it has no way to get that big number.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

I hope this helps! My goal is toprovide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, Iam happy to address follow-up questions.

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