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Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 12686
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
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Just rec,d 3 letters from the ssi adm reducing our benefits

Customer Question

Just rec,d 3 letters from the ssi adm reducing our benefits by a admitted over payment by them because of a accounting mistake. We cannot pay the over 5000 dollar amount nor afford to get a loan for it to be satisfied . The, letters are very confusing and numbers do not match most of the concerns were due to the wind fall act which was meant to be adjusted from day one of receiving benefits . My wife has worked entire life, and the last 15 years were with the local school system.
Submitted: 12 months ago.
Category: Social Security
Expert:  Lane replied 12 months ago.

Hi. My name's Lane. Maybe I can help you understand

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The Windfall Elimination Provision was one of the many legislative changes included in the Social Security Amendments of 1983 (Public Law 98–21).

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Unless one has 30 years in the Social Security system the Social Security will always be reduced.

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It sounds like they may not have discovered the school system benefit.

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If you like I can make an offer for a phone consult to discuss this (lots to talk about here).

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The bot***** *****ne here is that if she has bee receiving the full social security benefit without having 30 years IN social Security there should have been an offset.

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However there ARE some actions you can take, if this causes undue hardship.

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See thus from Social Security:

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If you do not agree that you have been overpaid, or if you believe the amount is incorrect, you can appeal by filing Form SSA-561, Request for Reconsideration. You should explain why you think you have not been overpaid or why you think the amount is not correct.

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If you agree that you have been overpaid and are willing to pay it back, but cannot afford to pay it back at the rate we tell you about in our letter, you should file Form SSA-632, Request for Waiver of Overpayment Recovery Or Change In Repayment Rate.

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If you agree that you have been overpaid, but you feel you should not have to pay it back because you did not cause the overpayment and you cannot afford to repay it, you should file Form SSA-632, Request for Waiver of Overpayment Recovery Or Change In Repayment Rate.

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We will stop recovering the overpayment until we make a decision on your request.

Expert:  Lane replied 12 months ago.

I've made a phone consult offer. Only accept if you'd like to discuss on the phone.

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Please let me know if you have any questions at all, before rating me.

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And if you DON'T have other questions Your positive rating … (by using those the stars or faces on your screen, and then clicking “submit”) …would be appreciated!

Otherwise I receive no compensation for the work.

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Thank you,

Lane

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I hold a law degree, with concentration in Tax Law, Estate law & Corporate law, a Master’s Degree, with specialization in financial accounting & tax, a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986