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SSA claims they overpaid close to $35,000 in SSDI payments.

Asked over 2 years ago - Houston, TX

I complied with all requirements of informing them of my trial job and then the continuous jobs; I was always in contact with them. I appealed and was denied. The Administrative Judge also denied my appeal. I was told my only other recourse was to sue through the Federal Courts of Appeals. Is this true and how do I go about it? How much are the costs for this? I live in Mexico but all this happened while I was living in Houston, TX.

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Attorney answers (2)

Tomasz M Stasiuk

Reputation Level 8

Answered over 2 years ago. Social Security Lawyers in Colorado Springs, CO.

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From what you describe, a Federal appeal does not sound right.

You indicated that you were denied by an Administrative Law Judge. Normally the next step is an appeal to the Social Security Appeals Council. Then, if that is denied, the next step is Federal District Court.

The denial always goes over the next step in the appeal process. ***Check the denial to verify the next step.***

An appeal can be filed at the Appeals Council by filing a form (Request for Review of Hearing Decision/Order) with Social Security. Normally, a written argument is sent along with the appeal form. However, Appeals Council appeals normally deal with any legal errors.

There are lawyers who handle Appeals Council and Federal appeals even if they were not the attorney at the earlier stage. You may have to provide a retainer of a couple thousand dollars toward any fees if the case is at the Appeals Council. In Federal Court, the lawyer may be able to get the government to pay the legal fees if successful. Even if you have to pay a few thousand, keep in mind that you are talking about owing $35,000. Of course, no attorney can promise you results, but it may be a good investment to "pay a little to save a lot."

Note: Social Security (or the court) has to approve any fees an attorney charges you in relation to a Social Security case. So, any money you pay toward fees is kept in trust until fees are approved.

Appealing hearing denial to Appeals Council

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Alan James Brinkmeier

Reputation Level 20

Answered over 2 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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In many states, if you receive any benefits to which you are not entitled, you will be required to return any benefits received. As in your case, if benefits were paid to you in error, you received a notice stating the amount you were overpaid and why you were not entitled to the benefits. You have the right to appeal the determination. In many states, if you cannot afford to repay the amount of money you owe in full, you can arrange to pay monthly.

Check with a lawyer in your locale to discuss more of the details. The only good way to know if you have an appeal case for an attorney is to contact one and explain to him or her the details of your case.

Good luck to you.

God bless.

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