1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

backpay applied to previouly waived overpayment

Discussion in 'Social Security, Disability & Health' started by slamina, Jun 6, 2012.

Thread Status:
Not open for further replies.
  1. slamina

    slamina Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    0
    This is abit confusing but will try and explain as simple as I can.
    I was approved for social security disability in 2001. Within 10 months my case was reopened and remanded by the appeals council. I was still receiving monthly benefits throughout the appeals and up until March, 2004 when it was decided I was not disabled under the rules for reasons I could do sedentary work.

    I received notice of a $42K overpayment which was later waived.

    April, 2010 I was issued Notice of Reward and entitled to approx. $90K in back benefits after a District Court decision. It was found the ALJ did not give my physicians the weight they were entitled to. My lawyer received 25% of this 90K and I received $31K. It took a congressional investigation of 1 year to find where the remaining money was.

    I received notice May, 2012 that the remaining back pay went to the waived overpayment. And I am due no more back benefits. Yet my lawyer received 1/4 of the entire (approx) 90K.

    I now am asking for a waiver and this will need to go before another ALJ and hearing. The manager of our local SSA office, my lawyer, senator and congressman can not give me a answer as to if a waiver can be reopened and my back pay applied to it.

    I have tried my best to understand the section 204 (a) which they refer to in my overpayment but just can't make sence of it. My senator is going to investigate but this could take a long time.

    Any help would be greatly appreciated. This case has been so stressful and said to be a decision of a biased ALJ and more. I'm just so tired.

    Thanks kindly, Slamina
     
  2. army judge

    army judge Super Moderator

    Messages:
    31,132
    Likes Received:
    4,492
    Trophy Points:
    113

    I suggest you work with your lawyer. Too many cooks spoil the broth. Eventually you will prevail. I know cases that have taken 10-15 years to be resolved. This is the government. They want to annoy you, frustrate you, and make you go away. You must be patient, eventually you'll prevail.
     
  3. slamina

    slamina Law Topic Starter New Member

    Messages:
    8
    Likes Received:
    0
    Trophy Points:
    0
    Dear Army Judge,
    Thank you for your encouraging words. My lawyer is not being of much help since he has been paid and on the entire amt. I should have received. I talked to him regarding this but he doesn't answer my phone calls or emails. Would you know of a specific area in the SSA regulations I could find this loophole of theirs.? Reason I ask is because my case has been stated as being one of the most unfair and confusing in our area. I am really angry with the Government for putting me through all this when it's only exacperating my ilnesses. Thanks again.. Slamina
     

Share This Page

Thread Status:
Not open for further replies.