Jonathan Ginsberg's Social Security Disability Podcast
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June 4, 2006

Episode 7

5

In this installment, I answer two questions from listeners: 1) Ron writes to say that he has received a notice from Social Security demanding that he repay $70,000. They contend that he has been overpaid. They have further advised him that "it is too late to appeal" and they have stopped his monthly check. Does he have any options. Reconsideration of Overpayment calculation-form SSA-561-U2 Request for Waiver of Overpayment – form SSA-632-BK 2) Liliane writes to say that he has received a favorable decision on her SSI claim but the onset date for her disability shown on the decision is the date the actual application was completed, which is about a year after she initially contacted Social Security to start the application process. She wants to know if she has any recourse to collect that missing year.

Technorati Tags: request for waiver of overpayment, request for reconsideration of overpayment, amending start date for SSI benefits, amended onset date, date of application, protective filing date

Filed under Appeals issues, Overpayment issues by Jonathan Ginsberg #

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Comments on Episode 7 Post your comments here. If you would like a case evaluation, please visit http://bit.ly/sshelp

June 19, 2006
Reply

KAREN GUTIERREZ @ 2:59 pm #

I'M LIKE #7 ALMOST (RON)
WHAT WAS THE OUTCOME? I JUST LOST MY SS, AND I'M AFRAID THEY WILL WANT $70,000 BACK.
PLEASE WRITE! THANKS.
KAREN

July 31, 2006
Reply

Jonathan Ginsberg @ 7:17 pm #

Karen:
If you still have time to appeal, you should do so (reconsideration form), preferably with the help of counsel. Otherwise, ask for a waiver. Given the large amount of money at stake, you may also want to enlist the help of your Senator or Congressman's office.
Jonathan

July 28, 2007
Reply

susan musselman kelly @ 3:47 pm #

I have received a notice for overpayment and need help in completing a suitable reconsideration form. What would a valid reason be for requesting reconsideration. I have been working for 6 years part time. They have given recent work activity as a reason for saying I was overpaid.

September 28, 2007
Reply

Tee @ 7:58 am #

I have received a notice for overpayment and need help in completing a suitable reconsideration form. My son was receiving SSI Disability. I called with income change and faxed other information the office requested. I have no idea how to repay the thousands of dollars the SSI Office is asking me to repay.

January 15, 2009
Reply

mary Ellen Paciorek @ 4:59 pm #

I was on social security disability for kidney cancer and depression(symptoms did not resolve after radical nephrectomy). I was very rudely thrown off the disability in 2002 when I was still too sick to work. I was diagnosed with lung cancer in April 2003 and thyroid cancer in June 2003. I opened a business because I needed some means of support. Last week, a loan to my business was denied because social security has a placed a lien against my business for $20,500. My business cannot continue without this loan. I have not even received a notice from SS and don't know who to call. SOMEONE PLEASE HELP.

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Jonathan Ginsberg

Faculty @ SPU

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