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NEED HELP W/ SOCIAL SECURITY OVERPAYMENT $138,000. MENTALLY IMPAIRED HUSBAND EARNED $98 TOO MUCH 8 YEARS AGO

Folsom, CA |
Filed under: Social security

SOCIAL SEC DIS WANTS $138,000 REPAID BECAUSE MY MENTALLY IMPAIRED HUSBAND MADE $98 TOO MUCH 1 MONTH 8 YEARS AGO. I AM UNEMPLOYED, HE IS VERY SICK NOW. THEY ARE THREATENING OUR DAUGHTER WHO WAS A MINOR AT THE TIME. SHE IS A STUDENT NOW. MY DAUGHTER & I DID NOT APPLY FOR SS. HIS DISABILITIES CAUSED THE OVERSIGHT. HE HAS ADD, BI POLAR 5, MEMORY ISSUES & NOW BECAUSE OF THIS ANGUISH, DEPRESSION AND ANXIETY. HE ALSO IS PHYSICALLY ILL. NECROTISING PANCREATITIS, LIVER DISEASE, DIABETES, BOWEL OBSTRUCTIONS. HE JUST GOT OUT OF THE HOSPITAL AFTER 6 MONTHS. THEY KNOW THIS. HE WILL NEVER FULLY RECOVER

Attorney Answers 2


  1. Social Security overpayments can be waived upon a showing of no fault and financial hardship. They can also be resolved by repayment through small reductions in future monthly benefits. In addition, it is possible that there was no actual overpayment as substantial gainful activity (SGA) is measured as earnings net of medical costs such as prescription drugs and devices. Trial work period (TWP) rights may also be involved.

    This is a complicated area of Social Security law that you will not navigate successfully without experienced counsel. Representation may be available at no cost through a local Legal Services program, or pro bono program of your state or county bar. With luck, an Avvo practitioner will add more specific contact information this weekend. In the meantime you can complete and file the waiver request and appeal.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.


  2. I agree with my colleague. You need to seek representation.

    Excess earnings or income of $98 for one month did not create this overpayment of $138,000. There is something substantially more going on here, and this website s not the place to discuss it.

    You may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact your local legal aid office if you cannot afford an attorney. If there is a law school in your area, you may contact their legal clinic as well.

    You may also contact the NOSSCR for the name and email address or telephone number of attorneys in your area. The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.

    In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.

    Their link is: http://www.nblsc.us/

    I hope this information helps. Good luck to you!
    ------------------------------------------
    Please remember to designate a best answer to your question.

    The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

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