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I owe Social Security Disability because they say they over paid me - can they garnish my income tax refund?

Dallas, TX |

I was on disability for several years and tried to go back to work but then ended up not working again. Social Security says they over paid me on my disability and that of my children and have sent me bills to pay it back. However, I still am not working full time and have no money - barely enough to live off right now since they stopped my disablity but I sure can't pay them back. Can they garnish my income tax refund?

Attorney Answers 1


  1. Yes, they can garnish your income tax.

    If you are 60 days from when they terminated benefits you may be able to appeal the overpayment; however, you only appeal the overpayment if Social Security is wrong in the overpayment amount or circumstances of termination.

    You can file a Waiver at the local Social Security office AT ANY TIME. The Waiver asks Social Security to waive all or part of your overpayment. They can also put you on a payment plan. If you are still disabled you may want to consider reapplying. If you are awarded benefits Social Security may collect the overpayment from your back pay.

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