Re: Prescription Rule Changes
Not sure of where you're getting your info but that doesn't sound right to me given the circumstances of the overpayment. (failing to report income)
If the overpayment was an error on their part - you might have a chance.
The PTD cash advance isn't a debt - it was an advance - I fail to see how that could be dischargeable in a bankruptcy.
The internet isn't a definite source for law - You better have a consult with a lawyer who knows bankruptcy law and find out where you stand
SS isn't about to hand out forty grand to anyone, especially if you failed to report income.
If they have to, they'll pursue fraud charges and "file a complaint (called an adversary proceeding) in your bankruptcy to have the debt declared nondischargeable."
Having a reason for not reporting income (unless you where in a medically induced coma) isn't a defense in a fraud proceeding - they only have to prove you failed to disclose income to prevail.
Discharging Social Security Overpayments in Bankruptcy
Unless you've committed fraud, you can discharge Social Security overpayments in bankruptcy.
If the Social Security Administration (SSA) accidentally pays you more retirement or disability benefits than you are entitled to, it can come after you to collect the overpayment. Essentially, a Social Security overpayment is a debt you have to pay back. But like most debts, absent fraud, Social Security overpayments are typically dischargeable in bankruptcy. Read on to learn more about whether you can discharge Social Security overpayments in bankruptcy.
The SSA Can Object to Your Discharge if You Commit Fraud
Debts acquired by false pretenses or other fraudulent means can’t be discharged in bankruptcy. If a creditor believes that you committed fraud (such as providing false information on a credit application) when you obtained the debt, it can file a complaint (called an adversary proceeding) in your bankruptcy to have the debt declared nondischargeable. (Learn more about bankruptcy adversary proceedings based on fraud.)
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.