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Am I entitled to any payment made by me to an overpayment SSD and recovery of my own money and the underpayment?

Portland, OR |

Approx. 2.5 to 3 years ago, I was sent notice of an overpayment. (Amt $40,000). Whoa! was the first response. I reported earning when in my trial work period but they had adjusted it clear back to 1998, etc. So I request a waiver, did a pymnt arrangement for a short time of $50 until I could get before the ALJ, then it somehow got reduced to (20,000) with an underpayment found. I was receiving SSD, went back to work, then SSA said they owed me when I forced my bank account down to prevent a second overpayment. There is more. However, I went before he ALJ and today got notice in the mail that the judge found a "FULLY FAVORABLE" decision and waiver of the said overpayment. I have read that I should receive back any payments applied if I won at the ALJ level.

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Attorney answers 2

Best Answer
Posted

In about a week, I would contact your local social security office and inquiry. By then they should have notice of the order and should be able to verify the waiver.

Actual legal advice can only be provided by an attorney licensed in your jurisdiction, with experience in the area of law regarding your question. The information provided is for informational purposes only and is not legal advice.

Asker

Posted

Thank you., I believe now that they officially have a copy they are in the process of calculating how much is owed, there was some wording that eluded to the fact that claimant should receive any underpayment or payment applied.

Posted

I would douby you will get any money. SSA is not saying you were due the money- just that the money you owe them was not due to your fault and they will not make you pay it back now. It may depend on the exact wording on the decision.

That said, when SSA waives an overpayment, they usually waive the amount still uncollected, and do not say part of it has been collected and can now be re-released to the claimant. A waiver means in fact you HAVE been overpaid, they just agree to not collect it now. So, even if the decision waived the entire amount, SSA is not going to voluntarily send you the amount you were 'underpaid" because that is money you were not due in the first place.

So, I would not expect to receive any additional payments

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.

Asker

Posted

11000 back pay is due to me according to the verbiage and now ss admin is working on recovery.

Erin Levine

Erin Levine

Posted

If so, that would be nothing short of a SSA miracle. I have heard of the administration waiving collection efforts, but sending money BACK??? That would be a check to emboss in gold and frame for the wall! No joke! You would be a rare bird for that!

Asker

Posted

Thanks, I am a rare bird to have won tis on my own stating facts, etc. The check will be on it's way in 3 weeks.

Erin Levine

Erin Levine

Posted

Congrats! That is wonderful! :)

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