SSDI over-payment dischargable?

V

Vincent

Member
Jurisdiction
Illinois
Hello,

I am need of advice. Here is my info break down to help as much as possible.

I am on SSDI since 2012.

I live in IL.

I am married with 1 depended child under 10 years old.

I receive about $1600 a month from SSDI a month.

My child receives $800 a month from my SSDI.

My wife doesn't work and has no income.

We rent and dont own any real estate or investments.

We have 1 car we are financing that for the last 14 months so far or so. Me have not missed any payments. Still have the remainder of the 72 month loan left.


I work part time when I can, on some jobs I can for a family business. (IT services)

I DONT have a regular or hourly wage.

I get paid X amount after a job is done.

No set rates or anything set in stone.

Some months I make Zero. Some months I make more than the $1080 that SSDI has told me is the limit.

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According to my recent meeting at the Social Security office I have owe them about 15 months worth of "Over-payments" since 2012.

So I made more than the limit of $1080 per month and I will have to pay it back, unless I can prove the months I made less than the $1080.

I have the number of months down to 12 months instead of 15 months based on my records.

~~~~~~~~~~~~~~~~~~~~~~~

I just passed my Medical Review about 4 months ago as a side note.

SS determined that my disability is still current "Medically".

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With all that information I wanted to know in general or in specify how they attend to take the the money back they claim I owe?

Will they demand it all upfront?

Will they stop my SSDI payments unit I pay them back the final $ amount they say I owe?

Will they keep paying my SSDI benefits and then deduct X amount each month?


They didnt provide to much information at the moment.

Without any of the SSDI benefits I would be able to pay them back even with working part time.

If I stay below the $1080 per month, there is still no way I could pay them back $28,800 for the year of over payments.

Is there anyone that has had this happen to them?

What where your options if any?

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Last question is SSDI over-payment discharged in any Chapter of Bankruptcy?

With the internet there is of course may websites that say yes, and many that say no.

If it is not discharged, would filing Chapter 13 for example help me out at all?

I have other debt unfortunately besides this to add to a Chapter 13 or Chapter 7.


Sorry for the long message, but I have no idea what to do next.

I would prefer not to file Bankruptcy, but If it could help me I will do what I need to do legally.

Thanks!
 
SSDI overpayment.

If you were overpaid Social Security Disability Insurance (SSDI) benefits and are currently receiving SSDI benefits, the SSA will withhold the full amount of your benefit check each month until the overpayment is paid off. The withholding will start 30 days after you receive the notice of overpayment. You can contact the SSA to request that less than the full amount be withheld; such requests have to be approved by the SSA to be implemented.

Yes, if you get $1,500 a month, SSA will keep it ALL each month until you've completely repaid what SSA alleges you owe.

You can ask SSA to leave you "something" and you might get to keep $200, $300, $400, or "something".

Contact SSA, arrange an in person appointment to get an explanation from SSA about how to keep "something" to buy groceries, toiletries, and pay the electric bill.

If you keep working, making what SSA considers TOO MUCH MONEY, you could jeopardize your entire benefit.

Be careful.
Slow down, lay low.
SSA will be watching you very carefully over the next year or two.
 
I almost forgot.


If you don't repay the overpayment that is owed to the SSA, there are several steps that the agency can take to get the money that it is owed!!!
Some of the punitive actions available to SSA might undertake:
Taking your federal tax refund check
Taking a percentage from any work paycheck before you get it
Taking future SSI or SSDI benefits, or
Report your nonpayment to the credit bureau.

Yeah, these folks are really helpful.

Writing to your US senator or Congressperson, even the President, can sometimes be helpful.
 
Appeal rights

If you receive an overpayment notice and believe that, although the overpayment notice was accurate, you should not have to pay the money back to the SSA, you may file a waiver.

The waiver must prove that the overpayment was not your fault and that paying back the overpayment would cause financial hardship or be unfair.

After your appeal or waiver has been filed, no money will be taken out of your monthly Social Security benefits or money collected for repayment of overpayment until the SSA decides whether the appeal or waiver will be granted.

Ask SSA how you file an Appeal and a waiver.
 
Vincent, you have two threads going on this topic. I've deleted the other one as a duplicate and moving Army Judge's comment on bankruptcy to this thread. In the future please keep ALL of your discussions to THIS thread and don't open up any more new ones.

Army Judge wrote:

Nothing gets discharged, per se, in a chapter 13.

Chapter 7 can discharge certain IRS& SS monies owed, but with tough restrictions.

READ ON, BOSS:

Discharging Social Security Overpayments in Bankruptcy | Nolo.com
 
Sorry about the double thread.

Thank you for all the helpful information.

I will see in the next couple weeks how it works out and will post an update, so if someone else comes to the same situation it might help some.

Thanks again for all the information!
 

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