Social Security Disability Benefits Payback Question

My friend, Mark, has been declared disabled due to a debilitating, terminal disease. He was advised by his doctor not to work anymore and really couldn't if he wanted to because he doesn't have the strength.

He had been on disability once before, then tried to work, worked for just short of 3 years and then once again became very ill and couldn't work. He reported to Social Security at the time that he was working and asked what he needed to do. They told him nothing, that he was allowed to work up to 3 years before any action would be taken. He continued to receive SSD checks as well as working. Shortly after he stopped working and once again applied for SSD, he received a letter stating he owed several thousands of dollars back to Social Security due to overpayment. He reminded them that he had contacted them, and they told him to continue to cash the checks, which they said they have no record of saying. He told them at this point he wasn't able to work and it was impossible to pay it back. They told him to fill out a waiver. He did, stating he did not feel the overpayment was his fault, that he had notified them and they told him to continue to cash the checks, and that he had no way of paying it back. When after several months, he heard no response to the waiver, he contacted them, and again, they said they had no record of a waiver being sent in. He again sent a waiver in. Meanwhile, he was approved once again for the SSD and finally after almost a year, last month he received his first regular check from them. Today he got a letter stating as of May 2007, they were holding his entire check to pay back what was overpaid to him previously and that this would continue with every check until January of 2010. He again contacted them and asked what he was supposed to use to support himself. The woman told him she had no answers for him. He really doesn't know what to do at this point. Can they hold his whole check for 3 years to pay back money that they erroneously gave him? Should he contact an SS lawyer? If so, does anyone have any personal experience with a good lawyer to refer him to? This friend is very dear to me. I've known him for 30+ years, and I really hate to see him having to struggle with this at this point in his life. Thanks for any help you can offer.

P.S. We're close to Cleveland, Ohio.

Oh, that's awful..Let me check this one out at work, I can't answer it off the top of my head. I've never heard of anything like this. Hopefully I can get some answers for you.

I would definately recommend your friend consult an attorney. I am sorry that he recieved erroneous advice from an unknown SSA worker, currently, a person may recieve income for 9 months while on SSDI in a 5 year span. I do not know if the same applies during the years your friend was working.

DBaker, Also PM Steelers she is there in Ohio and knows about these issues. Maybe she can point you in the right direction also. KYSIDE38

In the meantime, your friend Mark is in my prayers..And so are you. Keep your chin up, we're here for you.

DBAKER6 I THINK IS TERRIBLE AND THE GOVERNMENT IS NOT DOING A GOOD JOB RIGHT NOW.
MORNINGSTAR IS RIGHT ABOUT THE ATTORNEY.
OTHER DAY I SAW A WOMAN WITH 8 CHILDREN THAT THE MOTHER WENT TO COURT BECAUSE THEY CUT MONEY AND FOOD STAMPS.
SHE HAVE 8 YEAR OLD UNTIL 1 YEAR OLD CHILDREN.NO
HUSBAND TO HELP HER AND SHE HAVE A JOB BUT NO MONEY FOR ALL CHILDREN.THE JUDGE GIVE BACK TO HER ALL FOOD STAMPS.
THE MAN OF GOVERNMENT WAS ANGRY BECAUSE HE WANTS
TO LEAVE THE CHILDREN WITHOUT FOOD STAMPS.
I THINK IS NOT FARE THEY TAKE THE CHECKS OF YOUR FRIEND AND I HOPE EVERYTHING BE GOOD FOR HIM.I PRAY FOR HIM AND I WISH THE BEST FOR HIM.

They tried to do that to my dad's girlfriend. She was disabled but was allowed to work part-time so I believe she had a reduced ss amount. But she was working for her health insurance. Anyway to make a long story short, she went over her allowed amount just a little over $100. and they told her that she had to pay back all of her disability ($10,000).
They hired a lawyer to fight it and they won. But until the court date they were holding her checks to pay back. Well she did get her money back though.

I would hire a lawyer.I think that's is terrible that they can do something like that though. If they need to repay they sgould only be able to take a % of the check not the whole darn thing.

Thanks, you guys, for all your support. Fins, I'd appreciate anything you can find at work about this. I will also tell him that he should get a lawyer. And will also PM Steelers. Thanks again, for all the advice.

I would def. get an attorney! This sounds ludicrious to me even for the government! How do they expect your friend to live????

I am so sorry for your friend's situation. You both will be in my thoughts. I would definitely seek legal help because it sounds like someone is not doing their job in the SS department.

Social Security is only supposed to take 10% of the check for repayment each month, the low as they will go is $20/month taken from the check which is applied to the overpayment. He should contact them and tell them he can not afford this, they will usually work with the person, or he should go and meet somebody at his local office so there is a record of the conversation. But the general rule is 10% of the check, but no lower than $20/month.

I would really consult a lawyer that specializes in social security issues. They specialize in that field. My mom fought with ss for disablilty even tho she had 7 back surgeries and metal plates holding her back together. They do not see you as a person - only a number. He needs to fight for his rights.

Thanks for all the advice. I went with Mark to the SS office this morning. Luckily he took all his papers with them. They didn't have most of the papers he had sent them! They said since they didn't have any of the papers including his waiver request, he would have to start all over again. She did say, though, that his checks would continue until a decision was made. I'll let you know what happens.

Glad he was able to get in there. When you are appealing they are supposed to continue the checks until there is a decision, it is good he won't be without a check while going through this process. If they decide he has to payback, tell him to let them know he can not afford to be without a check and to arrange for 10% or $20/mo. FYI, an attorney will only take a social security case if you have been denied social security and they feel they can win the case. In the case of social security getting repayment for an overpayment there is no guarantee the attorney will get paid. When they take a case when a person is denied they can get up to 5% of the "back payments", and if the person is denied they understand they won't be getting paid.

hey thanks for the extra info Steelers - you are right,my Mom was originally denied, but I had also thought they could help in any ss situations,that's why I had thought of that. The attorney we had did alot of other ss work, but perhaps he did more pro bono than I thought.