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OK, here is my situation. When I turned 62 a few months ago, someone from SSA called, wanted to know, if I still receive Workman's Comp along with my SSDI benefits? It surprised me, they had no clue, it stopped one month after I started receiving SSDI benefits back in 2009.
Anyway, I provided all information to prove when it ended and gave my consent to gather more info from Labor and Industries, if needed.
Two months later I received a letter from SSA informing me, I was over payed between 2006 and 2015 and they will re-coupe this amount, unless I appeal.
I collected Workman's Compensation between 2006 and 2009, applied for SSDI, which was granted in 2009.
My attorney's office handled both my Workman's Comp and SSDI, which they had great experience regarding the calculation, what I was supposed to get.
Now SSA claiming, calculation regarding the offset was wrong, but they didn't explain exactly in what years or months and how they came to this conclusion.
I appealed of course and while my appeal pending, they should not deduct any of these so called over payment, but that's what they did. Not getting anything this month and partial SSDI next month.
I contacted my attorney, they were great to review my file, assured me, calculation was correct, SSA is incorrect. They even typed up my appeal letter stating, SSA failed to take into consideration the monthly attorney fees deducted, which should not be included as income.
Anyway, I called several times, was advised to contact my local SSA office, which I did, where I am getting the run-around. All I want to know, how did they do their calculation and explain to me their reasoning, which I am not getting.
I am very low income, every penny matters what I am not getting and I am very very upset and frustrated, what's happening. My attorney can't represent me anymore, as SSA indicated, since my case closed back in 2009, although they still advise me if needed without charge. But looks like, the battle is on me and I am just not sure, what to do next.
Anyone has some advise? Maybe some website I can visit?
Thank you.
Just a tip: It hasn't been called "Workman's Compensation for at least 20 years, because that term discriminates against working women. It's called Workers' Compensation now. If you talk to the WC office, advise you say it correctly. Having personally dealt with WC cases, you don't want any WC female reps getting offended.
If you can't get any satisfaction at the SSA office, you can always appeal the initial determination that you were overpaid. And don't forget to file a claim for a waiver of any overpayment. Being overpaid is one thing, having the SSA waive the overpayment is something else again - it's a separate issue. In any event, if you don't win on reconsideration, request an ALJ hearing. At that point, the judge will either have to agree with you or issue a decision explaining exactly how and why you were overpaid.
Got to wonder what is going on with these people in authority. Can we trust them to do the work correctly?
One of my neighbors just got a letter from SS telling her that due to something with her medical insurance that is enhanced with a state program, she was overpaid and will deduct $34 per month till the new year.
What gives? Indiscriminately decide oh, you are being overpaid...... how does this happen after all of these months? And what does the person do when they need every last dollar to live on?
Yes, I went to my local SSA office in person twice. That's where I am getting the run-around mostly. Last time one of their worker argued with me for more than an hour trying to tell me, they are right. I think what they are hoping for me just shut up and go away. I am fighting, because I know they are wrong. Also, because they might do the same thing maybe when I turn 65?
Thanks for the answers, I still don't know what to do, but I keep trying to find a solution.
Have you looked into legal aid? Since you mentioned you're low income, maybe you would be eligible for free representation. I don't know if that sort of thing is available where you live, but worth checking out.
Please keep us informed. I like the legal aid idea & if they can't help you, contact your Attorney General. Ours helped me twice with a situation. I'm so proud of her for working hard for the 'little guy'. Their job is to help their constituents.
Got to wonder what is going on with these people in authority. Can we trust them to do the work correctly?...
Nope. But in DH's case, it's the folks at Medicare who are outrageously effing up*, and our local SSA office has his back on this. They (SSA) were on the phone to Medicare for an hour on his behalf, and got no further along resolving the problem than he was able to do.
*He's been on Medicare for over a year. He's been making regular automatic payments, and using benefits. Last week Medicare decided that they had no record that he'd ever applied for Medicare.
Yes, I went to my local SSA office in person twice. That's where I am getting the run-around mostly. Last time one of their worker argued with me for more than an hour trying to tell me, they are right. I think what they are hoping for me just shut up and go away. I am fighting, because I know they are wrong. Also, because they might do the same thing maybe when I turn 65?
Thanks for the answers, I still don't know what to do, but I keep trying to find a solution.
Here's what you do: regardless of what they tell you at the district office, you can always file an appeal. After the initial determination, that would be a "request for reconsideration." You don't have to say much to request the reconsideration, just that you disagree with the initial determination. If you have a reason why, then fine. Put that down. If you lose again, at the reconsideration level, file a "request for hearing." Again, you don't necessarily need a lawyer. The ALJ (judge at the hearing) is a real person and may well be sick and tired of cases like yours. Unless he can explain why you were overpaid, you may well win.
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