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  1. #11
    Join Date
    Oct 2006
    Posts
    381

    Default Re: Prescription Rule Changes

    Quote Quoting tony View Post
    GregNope.


    Regardless of the reason, if you where overpaid, you'll have to pay it back - if you have a valid reason, the most they will do is not press fraud charges.

    Tony
    Can you tell me if a wc PTD cash advance can be discharged in bankruptcy? I have found that the SS overpayment can be.

  2. #12
    Join Date
    Oct 1971
    Posts
    5,008

    Default Re: Prescription Rule Changes

    Quote Quoting Greg View Post
    Can you tell me if a wc PTD cash advance can be discharged in bankruptcy? I have found that the SS overpayment can be.
    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.)
    http://www.nolo.com/legal-encycloped...ankruptcy.html

    Tony
    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.

  3. #13
    Join Date
    Feb 2007
    Posts
    215

    Default Re: Prescription Rule Changes

    this is why so many are going to heroin. sad but true!

  4. #14
    Join Date
    May 2010
    Posts
    579

    Default Re: Prescription Rule Changes

    Quote Quoting maxcrucial View Post
    this is why so many are going to heroin. sad but true!
    Correct.....My best man at my wedding....His wife had the opioids pulled from her, and she turned to heroin!

    He had to get an emergency divorce..(which I have never heard of) Because she was using in the home and there child was 9 years old.....There is no doubt in my mind will will get the call that she has passed on.....

    This was a middle aged woman(40)....and it happens all the time!

  5. #15
    Join Date
    Oct 2006
    Posts
    381

    Default Re: Prescription Rule Changes

    I have, I think, resolved this matter as best as can be expected. SS overpayments can be discharged in bankruptcy, but wc PTD cash advances cannot be. If anyone chooses to file bankruptcy, be aware that SS benefits sitting in bank accounts cannot be taken by a bankruptcy court, while wc benefits can be. Sometimes bankruptcy attorneys neglect to mention this, despite that it can be very significant. The upshot is that the court can take those bank balances if you respond that they are wc benefits rather than SS benefits. The SSA can typically, albeit not always, be counted on to miss the deadline to object to the discharge of the SS overpayment due to the burdensome and inefficient bureaucracy involved.

    Quote Quoting maxcrucial View Post
    this is why so many are going to heroin. sad but true!
    The drugs denied to me were not narcotics.
    Last edited by Greg; 10-22-2017 at 11:33 AM.

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