Social Security Disability Benefits Payback Question

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.

Thanks, Steelers. It makes sense that they would concentrate on cases where people were denied SS and have a good chance of winning. Even if he has to pay it back, he would be okay with it as long as they left him enough to live on. I just couldn't see them taking the whole check for that long.

Dbaker - have him contact Dennis Kucinichs' office here in town and let them know what is going on. Dennis has helped afew of my friends with similar issues.

Thanks, Irish. I will do that.

I am on disability and have seriously thought about using my "Ticket to Work" to work. But after reading this post, I guess I am not going to because what has happened to your friend. I wish him luck.

It is absurd what social security is doing.
They are paying so little to disability people that
They are working because is no money to pay the bills.
After they see people is working because they cannot leave with a small disability check and people need
To pay many expensive things and they dont care.(utility bills) ,house,food ,toiletries,bus or car.
My husband get only 623,00 a month and is a shame
They give only this to a blind mentally ill person.
He cannot work anymore and my family help me to
Pay bills and put food in my table.
Food stamps is only 131,00 for month for 2 people.
I feel sad to see how people have to get other job
Because i see old people in front my house that work all day in the sun with the karts in the supermarket.i feel sad to see that social security
Wanted pay back when they are giving so little to
People.
Dbaker6 i'm praying for your friend have justice
And for all people that need to work because they
Are heroes for me.

Ladybug and Tania, I know, it's a shame. You can't believe what anyone at SS says because no one will take responsibility. My friend is still having problems. They have given him the money back and then he's gotten a letter saying he needs to pay it back on 3 different occasions now, all within the last 2 months! It's really a shame. And Tania, you're right. The money we put into social security is outrageous, and we only get a fraction of what we put into it when we need it. I've been working for 30+ years and have already put $40,000 into it. Will I get it back? I'll be lucky to get a fourth of it back. What a ripoff.

I am in the same situation and i dont know what to do! I am unemployed and they stopped my payments in October, but are now saying i owe everything from the last 5 years. I cant afford a lawyer and there is no way i will ever be able to pay them back....

I"m definitely not an expert.... however my son gets SSI each month. If we make "too much" money a certain period, then i get deductions from his checks. I was told they would not EVER withhold an entire check, only a certain percentage. They just divide the overages over the course of months. Im in Maryland, so I'm not sure if the laws are the same everywhere. Maybe if it was a large sum of money, maybe that's why they opted to take back the whole thing at once? if this is only source of income, they should work out a payment deduction for him.

Social Security is like the mob. You appeal to THEM. They of course, deny it. You cannot depend on ANYTHING they tell you unless it is in writing. Each office is like it's own kingdom. They don't know what the other is doing and don't care what advice you get from them. I paid back an overpayment and two years later they are collecting it back again, even with proof of payment. I have to contact a certain person in one office but that person does not return phone calls.