Social Security made a mistake and assessed an overpayment and stopped benefitsMy daughter has been on SSDI and was in the Ticket to Work program for several years, but is no longer working. She recently received a letter from SSA saying that she was not eligible for benefits since May 2012 because of substantial work and owes an overpayment of $35,000 for that 2 1/2 year period. An error was made by a DVR benefits advisor and SSA picked up on that claiming she worked for two employers at the same time, which in fact she did not. A spreadsheet of her pay stubs and W-2's confirms this and shows her pay was less than substantial, but SSA has her making $700+ more than she made in that month. She filed an appeal/reconsideration within the 30 day allotment and was told she cannot get benefits while this is being reconsidered. How long does it take to be resolved in this type of situation when a mistake was made by SSA? It has been a month already. Do they have to show proof if they fail to approve? Will she have the right to a hearing at that point? She should speak to someone at Social Security and determine if her Social Security Disability benefits were terminated because of the work activity. If so, she should file for an expedited reinstatement of her disability benefits. If your daughter files an expedited reinstatement, that would give her six months of provisional payments while they make a disability determination as to whether or not she is still disabled with the same physical or mental medical impairments she had when she was approved. If she is not terminated, I am not sure why she cannot remain in pay status while they determine the overpayment amount. Call and get some clarification. Your daughter can appeal to a hearing before an administrative law judge should that be necessary. Good luck with everything, I hope it works out. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: What should you do when a Social Security Disability or ssi overpayment occurs? How Do You Avoid, and What causes, a Social Security Disability Overpayment? Why do Social Security Disability and ssi overpayments happen? Social Security made a mistake and assessed an overpayment and stopped benefits Social Security Disability Waiver of Overpayment |
