Social Security: Dear K, "How we paid you $31,093.00 too much in benefits"

[Karenca]

That's the letter I received Thursday from Social Security Administraion.

I am so fucked.

[dsc]

1. God I hope you can make this go away

[Karenca]

3. I went to the SS Office Thursday I spoke to an asshole

who told me she would file a reconsideration, so at least my checks would still
come while they do a review
The letter said I have till November before they cut my check.
On Friday, I received $700.00 less on my check----those fucking liars.
So, I went back Friday
and the workers there told me not to even bother coming in till
Tuesday, when the SMART manager will be available.

[OwnedByFerrets]

2. That is unbelievable.

I feel for you.

[knowbody0]

4. did they give you an explanation?

[Karenca]

5. Thre's a print out

of the last 4 and a half years...

"What we gave you,, ..What we were supposed to give you."

"which includes a prior overpayment of $4,139.00"

"PLEASE MAKE YOUR CHECK OR MONEY ORDER PAYABLE TO THE SOCIAL SECURITY ADMINISTRATION."

SO THEY WANT 32,000 DOLLARS, AND MY CHECK IS NOW GOING TO ALSO BE PERMANENTLY CUT BY $700.00.

The amount I've been getting, is the amount I was told I was to get.

Now, they've changed their minds? I am really fucked.

[knowbody0]

8. so, basically,

it was their mistake, not yours.
I am so sorry this is happening to you. good luck.

[Karenca]

10. Thank you, I have had major cramps since Thursday.

I'm not feeling positive at all about this.

[MissWaverly]

15. Get your senator involved

how do you know that you were overpaid, maybe some moron made a mistake, this is definitely
something that I would call my senator about or fax him. Also he may be able to get you re-instated, how do you know that this is not a mistake, didn't you have to file reams of paperwork
to get the benefit in the first place, I would definitely call my senator if I was you.

I had this problem with the IRS, they said I never paid them 1 year and there was all kind of
a hullabaloo going to happen because I had not paid them. Well, I did not have a copy because
I was basically a transient at that point, and my senator sent a staffer over and she found a
copy of my return in 5 minutes, this was after months of dealing the IRS and being miserable.

[Karenca]

19. Clinton, Schumer?

Maybe Charlie Rangel?

Sorry, I'm so nervous.

[MissWaverly]

25. I think whoever is more comfortable

I like Schumer and Rangel

[patrice]

6. Shit!!!!!!!!

That's horrible!!!

You need expert advice.

[Karenca]

7. I'm screwed.

and I'm scared.

[patrice]

11. Please try to find yourself an attorney.

Why are you responsible for their errors? Did someone tell you the checks were right?

There are probably some things that can be done. Don't go into this by yourself.

Good Luck!

[Karenca]

12. Thank you, But can you believe that they also wrote that if I get an

attorney ---

'AND, if you hire a lawyer, we will withhold up to 25 percent of any past due benefits to pay toward the fee."

[1monster]

17. What fee?

The lawyer's? I believe that compensation for the attorney is between you and the attorney. (See if you can find one to do this probono or at a reasonable cost.)

They don't want someone who is familiar with Social Security law to go with you. They will screw you any way they can if you don't know your rights.

[Karenca]

18. Yes, the lawyer's fee. eom

[patrice]

24. WOW. No right to self-defense?

Is that possible?

There's a lot going on right now that wasn't possible not so long ago.

You might see if the ACLU can recommend anyone for you.

[Karenca]

9. It's DISABLED WIDOW'S BENEFITS. eom

[haele]

13. You need to get a lawyer ASAP...

Social Security will drag their feet and even lie to you to you if it's their paper mistake - either now or in the first place. It doesn't look as if anything has changed recently (over the past five years or so) for eligibility for disabled widow's benefits, so they might be trying to claim that your spouse wasn't eligible for as much as they had originally estimated or if you had children, that they are not eligible for coverage anymore. But a "$700" overpayment for 4 and a half years, plus that $4K additional payout? That's very suspicious.
If you still have your initial claim paperwork and judgment, a good SSA lawyer can cut through the red tape quicker than Social Security will. Social Security will just want the money, it's not in their best interests to fix your problem.

I'm the wife of someone on SSD, and I remember the hoops we went through to get him - and his daughter - covered. A lawyer is your best bet.

Good luck

:hug:

Haele

[Karenca]

14. Thanks........this is the disability forum...

They already cut my check for this month, they sent out the letter on 8/28,
and on 9/1, my check had already been reduced.

I'm really petrified...they want to reduce my check fron $1750 a month to $511.

[haele]

21. I finally noticed - got to this thread from the front page...

Didn't realize it was the disability forum when I first clicked in.

That much reduction in your benefits does not sound right at all. $1750 sounds like reasonable benefits if your husband had worked for over 20 years or so before becoming disabled - or if he had retired at 65 and then became disabled.

And telling you that you can't go to a lawyer? Perhaps they mean they'll penalize you if you retain a lawyer and they have to go to court, not if you consult one. And from what we experianced when we went to before a Judge to get my husband on disability, they can't touch you afterwards and may have to pay damages if they've penalized you with their mistake.
Most SSA lawyers in my area (San Diego) will have a free consultation before they take the case. They won't charge Social Security to look at your situation. And since there's nothing that's going to be secretive about your situation (it's all paperwork and number crunching), any good lawyer will be able to look at the paperwork and figure out whether or not there is a real case without going into any major investigation. The lawyer doesn't want to take a case where there's a chance of loss, so they'll be upfront on where you stand.

Again, good luck.

On edit - a poster above suggested contacting your senator or House rep. Since you mentioned Charlie Rangel is your rep, that's a good place to start. Rangel's rep is pretty good, from what I've seen.
I know that here in California, Susan Davis, Diane Feinstein, and Barbara Boxer's staff are very quick and helpful in cases like this.

Haele

[Karenca]

22. THAnks........My husband died and I collected

Survivor's benefits for myself and my child.

I became disabled when my son was 14 years old....

I became a widow when my son was two.

When he turned 18, his benefit stopped.


I know this sounds confusing.


I went to the SS office, because he turned 18 in February, but would not graduate HS till June
so he was still entitled to the benefits for a few more months.


They reinstated his benefit till June.


I know I'm going to need an attorney.

[fed-up]

16. here's some info I found through google

here is what I used to search google
error social security disability overpayments

I know nothing about sites (except the .gov), so please check for accuracy, good luck

http://www.disabilitysecrets.com/overpayment-ssa-fault.html


What if social security says I owe an overpayment but it is not my fault?


If the social security administration determines that an overpayment has been made, they will demand restitution, even in cases where the error is their own. Claimant's are allowed to file a waiver request, however.

The form is ssa-632-bk, titled "request for waiver of overpayment". The form can be used to explain why the overpayment is not the claimant's fault and why paying it back would either be unfair (that's ssa's language) or would pose a hardship to the claimant.

To initiate this process, the claimant should simply contact their local social security office and request a waiver form. Sometime after the form is completed and returned to ssa, an answer on the waiver request will be forthcoming.

If the waiver request is denied. the waiver situation can be granted consideration through the appeals process, meaning that, at some point, a claimant may find himself standing before an administrative law judge who will rule on the status of the overpayment.

However, after a claimant's appeal options are utilized, even if the assessed overpayment is ultimately left to stand, ssa will generally accept repayment arrangements that involve fairly small monthly payments.





http://www.house.gov/matheson/fedgovhelp_socialsec.shtml

Q: What should I do if I believe that I am being charged for an overpayment?
If you are being charged an overpayment, you should immediately contact the local SSA office and request an application for reconsideration and waiver. A reconsideration means that you realize that you were overpaid and may be able to pay back a portion of the overpayment. A Waiver means that the SSA made an error that you feel you should not be held responsible for because it would cause a financial burden.



http://www.ssa.gov/legislation/testimony_033000.html
How does SSA go about recovering the debt that we are owed?

The collection process is different, depending on whether individuals are continuing to receive benefits or not receiving benefits.

Overpaid individuals who continue to be eligible for benefits receive an overpayment notice informing them about the amount of the overpayment. The notice gives the overpaid individual appeal and waiver rights and discusses repayment options. Options include a full refund of the overpayment immediately, or withholding overpayments from ongoing monthly benefits. SSA has a much higher recovery rate for debts owed by individuals who are on the benefit rolls.

Overpaid individuals who are no longer entitled to Social Security benefits are notified of the overpayment, provided appeal and waiver rights, requested to repay in full, or to contact us to negotiate an installment payment agreement. For those who establish installment agreements, SSA sends automated bills and notices requesting repayment. If the overpaid individual ignores the bills and notices, SSA's debt collectors call to arrange repayment. If the individual refuses to repay, SSA uses other debt collection tools such as tax refund and other administrative offsets and credit bureau reporting.

Although we believe that the provisions described above are the most effective and productive tools for recovering overpayments, we are planning to implement administrative wage garnishment and federal salary offset. We also are planning to use private collection agencies and interest charging as methods for recovering overpayments.


http://securities.lawyers.com/social-security/Social-Security-Disability-Insurance-FAQ.html#eight

Q: I received a notice from Social Security saying it over paid me. Do I have to return the money? It was their error.

A: No, if you appeal their decision and win the appeal or if the mistake was theirs and it would be a hardship for you to repay the amount, you can apply for and receive a waiver of the overpayment.





edited to add a link to the povertylawcenter

http://www.povertylaw.org/poverty-law-library/category.html?catid:int=1741306

[Karenca]

20. Thanks........

They handed me a waiver form to fill on thursday.....

Any bank accounts, CD's,, money markets, any assets.

What's in my checking account, any cars, etc.

I got scared, and I asked if I fill out this form,
it seems to me they could seize anything or everything I own, and
the Rep said 'Yes".

So, I didn't fill out the form.

[Bunny]

23. I got a similar notice when my daughter began receiving checks

oh her dad's disability. Turns out they actually did overpay me by about $1800, and it was their mistake, but it had to be repaid nevertheless. I was freaking out, because I don't just have $1800 laying around to give to SSA. I had one month to respond, or they would begin withholding her full check approximately two months later, until the overpayment was repaid.

I filled out the reconsideration form, which made me list, in great detail, my monthly expenses. I offered to pay back $120/month out of her check for about 15 months to clear the overpayment, and they were fine with that. They really should be happy to help you work out a payment plan, rather than cut you off immediately.

As others have said, talk to an attorney - they can give you the best advice and maybe help ease your fears.

[Traveling_Home]

26. Great Forum on Google

Lots of knowledgeable people

http://groups.google.com/group/alt.social-security-disability?lnk=lr


You have options - pay attention to Jack among a few others