SSID and SSI I receive, their letter states they failed to withhold payments that resulted in this overpayment. How is it my fault if I did nothing wrong? Isn't that an admission of fault on the SSA's part. defending myself against this a battle i feel i won't win. How do I proove them wrong when Ive done nothing wrong?
You can appeal immediately and provide information of hardship.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
Fault, and the lack of your fault, is only relevant to the extent that you can ask for a waiver of overpayment. To qualify for an overpayment, you must show BOTH that you are fault free AND that repaying it, even on an interest free repayment plan, would cause you an undue financial hardship. It can be done, but it is difficult and often is influenced by the personality of the SSA Claims rep evaluating your request.
No attorney client relationship is created by the above response. The above response if for general information only. Nothing in the responses should be construed as legal advice for any personal injury, workers' compensation, Social Security disability case, or any other type of case. While we provide legal services to those in Oklahoma, nothing can replace actual legal services provided by engaging an attorney.
I agree with my colleague's great answers above and add that you should first comply with any appeal deadlines and also consult with a local legal aid or non-profit law office if you cannot afford an attorney.
This response is based on the limited facts presented and is not intended to substitute for direct legal advice, nor is it intended to establish an attorney-client relationship. It is intended to direct you to issues which you may desire to explore further.
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