Social security overpayments

[aprilbaker692]

Jurisdiction

Utah

Saw a bankrutpcy attorney a couple years ago. He said SSDI is not dischargeable in utah. Everything I have researched here, on nolo and the federal statues state it is. I understand if it was fraud then it is not. He was legally disabled and they are demanding all of the money paid out to him back. It has now hit his credit report.

 

[adjusterjack]

Saw a bankrutpcy attorney a couple years ago. He said SSDI is not dischargeable in utah.

I don't find anything online to support that. Are you sure you remember it correctly or just misunderstood something back then?

Everything I have researched here, on nolo and the federal statues state it is. I understand if it was fraud then it is not. He was legally disabled and they are demanding all of the money paid out to him back. It has now hit his credit report.

OK, so you know it's dischargeable in bankruptcy if the overpayment wasn't due to fraud.

So, what do you need from us? Get him to a bankruptcy lawyer.

 

[aprilbaker692]

I don't find anything online to support that. Are you sure you remember it correctly or just misunderstood something back then?



OK, so you know it's dischargeable in bankruptcy if the overpayment wasn't due to fraud.

So, what do you need from us? Get him to a bankruptcy lawyer.

I was told by an attorney that I am wrong in that matter. I don't know for sure I am asking for confirmation. I am working on trying to find a lawyer in the mean time. I feel like I am getting mixed information.

Discharging Social Security Overpayments in Bankruptcy

 

[adjusterjack]

I read the same article and then searched the internet for any reference to Utah and couldn't find any.

I am working on trying to find a lawyer

I have no idea what that means. There is no "trying" to find a lawyer. There are thousands of them. Google bankruptcy lawyer for your city or town, start at the top of the list, call up and make an appointment to go in for a consult. If he tells you that you can't discharge SSDI in Utah, have him show you the law in print.

 

[aprilbaker692]

I read the same article and then searched the internet for any reference to Utah and couldn't find any.



I have no idea what that means. There is no "trying" to find a lawyer. There are thousands of them. Google bankruptcy lawyer for your city or town, start at the top of the list, call up and make an appointment to go in for a consult. If he tells you that you can't discharge SSDI in Utah, have him show you the law in print.

That is an answer that makes sense to me.

I am working on finding an attorney the terminology is bad pardon me. I am not the most eloquent when choosing the words I use which is why I came to ask questions and why I am doing so much research. I have a learning disability and its easier for me to ask with information at hand and to ask someone what exactly I should ask. I am not the best at asking the proper questions to get the answer with correct information or feel confident that they have worked cases that can help me with mine.

I am looking up lawyers by googling them and have a list I plan to call and try to meet with.

 

[adjusterjack]

OK, best of luck to you then.

 

[army judge]

Saw a bankrutpcy attorney a couple years ago. He said SSDI is not dischargeable in utah. Everything I have researched here, on nolo and the federal statues state it is. I understand if it was fraud then it is not. He was legally disabled and they are demanding all of the money paid out to him back. It has now hit his credit report.

The reason SS gives for the overpayments determines dischargeablity.

Frankly, you'd be surprised what gets discharged in BK.

IRS debts are dischargeable, too, but with a time parameter.
Yet, I've seen people get all years discharged, then the IRS appears to reaasert their right to collect on the years that didn't meet the time window.

Were the ALLEGED overpayments due to working more than what SS allows?

If it is, that money will cause SS to hound the recipient until his/her death.