I don’t have $20,000! Why do I OWE Social Security money for some overpayment and how can I get out paying this money?
Posted in Social Security
OOOOOOOO, WE! This situation is one that I rarely like to mess with when it comes in front of me. Some of you may know what I’m talking about when I say it. You rolling through life. Getting yo swerve ON and then BAM, you get a letter from Social Security saying you owe them ALL KIND OF MONEY!!
I just got one word for that: DAMN!!!
Wait a minute! Let me get back to being professional for a minute. The simple fact is that in some situations, you might get HIT with what is known in the Social Security arena as an OVER PAYMENT! What it means is that SOMETHING has happened that has resulted in the Social Security paying you more than what you were supposed to receive.
Now, I’m gonna hit you with a few Questions and Answers and hopefully it will help you out:
1) Why did it take SSA so long to realize that they were paying me too much?
Let’s be real. SSA handles millions of claimant’s money on a daily basis. I know this sounds silly but it is very possible for them to miss someone who has slipped through the cracks. OR, they may have only been alerted to the problem recently. I know that it stinks to say that “IT HAPPENS”, but it does.
2) What kind of situations could have caused this to happen?
Now, I could write a BOOK just on the number of situations that this occurs. However, let me give you a few common ones that tend to come up:
a. You get a cash settlement
b. You go back to work.
c. You are put in jail.
d. You win the lottery
e. You keep checks for someone who has passed away.
These are just a few but so many times, people THINK that the government should know about these things ANYWAY so they don’t bother to let them know. I tell people all the time that you can’t think like that when you are dealing with the federal government. You gotta keep them in the loop and NOT just think that “The government should know”.
3) Why am I having a hard time finding an attorney to take this case to help me?
I hate to tell people all the time that attorney’s typically work on contingency fee basis so they may not take this case because they can’t make any MONEY on these cases. Some attorneys handle these case but they probably require money up front.
4) I legitimately DID NOT KNOW. What do I do? I can’t live without my check. What do I do?
In the instance that you legitimately DID NOT KNOW or if you would experience a significant financial hardship if they took the money, you can apply for a waiver. You better make sure you bring plenty of documentation to demonstrate your financial stress.
5) Will they take ALL money every month?
This part is where it gets tricky. In most instances, they should only take a portion of your money. However, depending on the circumstances, they may suspend payment of your monthly check until they garnish all of your money. Every program is a little different and it depends on the circumstances.
6) What should I do when I have paid them back?
Track your money. It is important to make sure that you get something in writing that states that your benefits will be reinstated once they have recouped the money or you may be looking at having your benefits terminated.
7) What can I do to make sure this doesn’t happen again?
Notify! NOTIFY! DOCUMENT! NOTIFY! If you come into some money, if you work, if you go to jail or ANYTHING that will have an impact on your financial situation, OPEN YOUR MOUTH and let SSA KNOW!
There is absolutely NOTHING sexy about an overpayment case. However, it’s important that you take aggressive steps to monitor your money and to let them know when situations have changed in your life that may affect your benefits.
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