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  1. #11
    Join Date
    Oct 2011
    Posts
    176

    Default Re: SSA Overpayment

    unfortunately after settlement atty's abandon their clients

  2. #12
    Join Date
    Oct 1971
    Posts
    5,137

    Default Re: SSA Overpayment

    Quote Quoting jinga View Post
    unfortunately after settlement atty's abandon their clients
    All you can do at this point is to appear for the hearing and see what happens.
    I wouldn't lose sleep over it - those people are pretty flexible and will work with you if there was a mistake.
    They'll straighten it out, you should be fine.

    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
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,783

    Default Re: SSA Overpayment

    Make sure the SSA has a copy of the approved settlement agreement that has the spread-out provision in it. Take a copy with you to the hearing.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  4. #14
    Join Date
    Oct 2011
    Posts
    176

    Default Re: SSA Overpayment

    Thank complwyr, SSA referenced that they do have the settlement pw. it is a weird situation because they(ssa) orginally got it right, as in they sent me backpay amt and the following month began sending me the offset amt to what i was getting for WC monthly although they didnt account for my atty fee of 20% (this was 2yrs before settlement). this went on for 2yrs, then when case settled I contacted them right away, walked a copy of the settlement into local office and my atty at the time sent them the full copy. months went by and I was still receiving the offset amt so eventually after about 13months, they(ssa) sent me another bkpay amt which was the difference of my offset and 80% then my monthly SSDI bumped up to full amt until last year when the overpayment letter was sent. I called and sent an appeal for them to take another look stating all employment figures were handled by my WC atty and Employers WC atty and I believe they were correct.

    I just sent in form to go infront of ALJ, I have never been to court for any SSA issues before so dont know what to expect. I assume this will strictly be about the overpayment but will judge ask me about disability\related issues as well? I dont know that I need an atty, but I couldnt find one locally that handles overpayments anyhow.
    Last edited by jinga; 12-19-2018 at 09:57 AM. Reason: add data

  5. #15
    Join Date
    Oct 1971
    Posts
    5,137

    Default Re: SSA Overpayment

    My money says there was an overpayment, these people rarely make mistakes.

    I still say you have nothing to worry about, they will let you pay as little as $10.00 a month as long as the overpayment is paid back in three years.
    They will basically accept any offer, these people are very flexible.
    I've never encountered a hostile examiner or ALJ - they've always been more than willing to help and give advice. (except in fraud cases)

    Here's a good blog on this topic, it explains the different options for dealing with this situation.

    How to Handle Social Security Overpayments
    Making a Payment Arrangement
    If you have lost all of your appeals or have decided not to appeal any further, you must pay the money back. You can tell SSA that you want to repay it in small amounts each month that you can afford. SSA can withhold all of your Social Security benefits to repay the overpayment. However, unless there is fraud involved, they will usually let you pay it back in smaller amounts. You will have to pay back at least $10.00 a month. SSA tries to get the money back within 3 years. If you want to ask SSA to withhold smaller amounts, you have to fill out the same form you would fill out for requesting waiver.

    Summary
    Don't despair if you get a notice of overpayment from Social Security. Read the notice carefully and ask your SSA worker to help you. Always write down the name of anyone you talk to at SSA and the date of the conversation.
    https://www.ptla.org/how-handle-soci...y-overpayments

    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.

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