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keeperumiami, Senior Tax Expert & Financial Planner
Category: Social Security
Satisfied Customers: 7147
Experience:  Sr Tax Expert/Financial PlannerCPA/PFS (retired)Over forty years of advising individuals & small businesses
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I was collecting SSI due to a low income situation. I am a

Customer Question

I was collecting SSI due to a low income situation. I am a 70 year old woman and only receive 660 a month in social security and had to be put on Medicaid as a result. My previous SS was 104.90 less per month and Medicaid pays Medicare Part B which gives me the 660 total SS income per month. I got a job at a hospital in Surgical Testing doing paperwork to get myself back to work which is considered by the State a Stipend only. I receive $7.25 per hour and can only work a maximum of 20 hours per week. This gives me an income of 543.00 per month take home. Social Security sent me a letter saying that I was overpaid (again I thought this amount did not count - being a Stipend). Now I have been sent a letter from Social Security stating that the $93.00 they have been giving each month since January 2016 up to November 2016 is now being dropped and I need to pay them back. How can I get a waiver so that I don't have to pay this amount back to them. Again, I didn't realize that this small job I have, thru a Federal Agency was considered reportable. Do I need to have representation in order to obtain a Waiver of back payment to Social Security.
Please advise and thank you.
Submitted: 10 months ago.
Category: Social Security
Expert:  keeperumiami replied 10 months ago.

Hello, my name is***** goal is to give you a complete & accurate answer. I am working on your request now & I will respond as soon as possible.

Expert:  keeperumiami replied 10 months ago.

No. You don't have to have representation in order to ask for a Hearing or Waiver of the payment they are requesting if you feel you can handle it yourself. You must follow the instructions to request the Hearing or the Waiver of payment. If the instructions didn't come with the notice you have, they will come with the next letter.

However, you may want to seek counsel from your local Senior Center if they have a day or time when you can speak with an attorney on a pro bono basis. If you have to engage an attorney to represent you, given the amount involved, it will probably not be cost effective to do so.

They won't be considering the net amount that you receive from your part-time job, but it would be the gross amount, not the "take home" pay.

What is the $93. you are referring to? Is that the monthly amount that they say you have been overpaid?

The stipend will still generate a W2 at the end of the year, although the amount for the year will not require that you file a tax return except to obtain a refund of any income tax that has been withheld. You will not be able to obtain a refund of any Social Security tax withheld from your paycheck.

Steve G.