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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13564
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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I am 65, going to be 66 this year and am drawing on my

Customer Question

I am 65, going to be 66 this year and am drawing on my retirements benefits. Since 2012 I received SSDI. I was told in 2015 that I had an overpayment, First it was $8,000, then $12,000, now it's $91,000. My first 2 retirement checks were held back because of this overpayment. The SSA worker told me that if I signed a repayment agreement of $40 per month, my retirement $ would be released. It was, I received the next month's check. She saw that I depend on the $ I get when on SSDI and now on retirement. I was being honest and making under the SGA with 4 years of paychecks as proof. I will never be able to repay the entire amount during my lifetime. I may receive an inheritance if my deceased father's house sells. Will SSA take that? Will they stop my retirement? I've been reconsidered and applied for a waiver and was turned down because of the large amount. I wasn't at fault but cannot afford an attorney. What should I do?
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Hi, my name is***** and I am here to assist you. I am a social security attorney in my private practice – that is ALL I do. Please let me know that my post here is coming through for you by typing a quick reply.

With regard to your questions:

Will SSA take that? I have never seen SSA take an inheritance. However, it could seek to adjust the terms of your repayment. I am glad that you seem to have APPEALED the finding of overpayment, since you say you have proof of NOT working over SGA.

"Will they stop my retirement? ------- Typically, you can go on a payment plan as you already have.

I've been reconsidered and applied for a waiver and was turned down because of the large amount. I wasn't at fault but cannot afford an attorney. What should I do? ---------- Continue with your appeal - if you are correct that you were not overpaid, you can prove it at hearing. The judge has to details HOW he finds against you or for you, so he will have to discuss your evidence when he comes to a conclusion. Lately the SSA has been overzealously accusing people of not being disabled after the fact, often with clerical error causing its erroneous conclusion - so just prove them wrong. If you didn't work over SGA and they didn't find you medically improved, I don't see how they can say you were overpaid.

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

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gottenanything less, please reply back, I amhappy to address follow-up questions.

Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

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