How to Respond to Demands for Repayment After a Social Security Overpayment

[Hemispheres]

Going back to 2014 I first contacted SS wondering if I had used up my SGA after unsuccessfully going full time. I was told no.

Shortly after I receive my CDR which In sent back but never received my work review. A year and a half rolls by and SS stops my benefits claiming I worked too much, most likely going off my yearly tax return.

Over the next year and a half numerous things occurred.

I’ve been hospitalized 3 times, and have been unemployed since March 2017.

SS erroneously deposited large lump sums into my account. Last March was 8700, last oct was 10000. I never received a letter saying I wasn’t entitled to the 8700 and a local rep confirmed this over a phone call. A month after recieving the 10000 SS decodes to let me know it was a mistake. I had already put 6k towards CC bills and was unemployed so I decided it was best to wait for EXR and try to work out a repayment plan.

Since Dec they have totally screwed everything up. I signed up for EXR on Dec 26th. The lady who handled the paperwork refused to give me the request for reconsideration papers. I printed them out myself and dropped them off. Heard nothing back 6 weeks later and the national number tells my EXR hasn’t even been filed yet. I call my case worker who had also been given incorrect info by SS and he gets a hold of someone who calls me. This lady tells me they found my paperwork sitting aside but that the lady who refused me the RFR marked me as tardy on the 26th. The national number claims this is not correct.

During the entire process SS is treating me like shit basically demanding I work out a payment plan over the phone. Then I get paperwork saying the EXR was filed on 3/18/18.

In the last week I’ve gotten 3 letters, the 1st telling me I’ve met the requirements for CDR in regards to EXR, the second saying my provisional benefits won’t start until July 3rd. My case worker claims they’re most likely keeping it as collateral for the 10000 they paid.

However I’m on the SSAs website and not only does it say they can’t recoup an overpayment using provisional benefits without my permission. it also states my provisional benefits should have started the month after I signed the paperwork so in other words Jan 2018 meaning I’m now owed 6 months of back pay in regards to those benefits.

My question is this, I’m going to SS next week to get all of this corrected but my case worker believes I should skip the local office as they keep blowing smoke up my butt, and go to the state office.

Due to their screw ups I now owe 34k instead of 15k and there’s not much I could’ve done to see if I was due those benefits or not as during the whole process they kept sending me contradicting letters saying I’m eligible for benefits one month and the next month they send one saying I’m not.

[Janke]

This is not a question.

My question is this, I’m going to SS next week to get all of this corrected but my case worker believes I should skip the local office as they keep blowing smoke up my butt, and go to the state office.


You have a case worker from where? What state office do you know of that can make changes to your federal Social Security? Sounds like bad advice to me. Don't have a clue what a state office could do and which state office you would contact. Find the name and phone number of the Title II supervisor. They have more power to move aside blocks. But even then...things can go wrong.

You are stuck with your local office and the payment center. EXR cases are almost always a mess; there is insufficient system controls for one. Inability to process through normal channels, so it gets kicked out automated processes and goes to manual. More room for error. Wish it were better.

[Hemispheres]

I’ve got 2 case workers. One from my CSB and one from an outfit that works with disabled individuals who qualify for the ticket to work program.

The CSB case worker claims the office near the capital is the state office but I can find no such info online so she’s probably just making assumptions.

The ticket to work case manager wants me to forget about the provisional benefits since he believes the CDR paperwork indicates that my regular benefits are about to restart, however one of the things my SS office did was falsely enter into their system that I requested the full overpayment be waived. I’ve got my RFR paperwork which clearly shows I asked for $300 to be withheld from from my checks when they restart despite that not being enough to may my bills. They refuse to change it in the system until my EXR is approved and the lady I spoke to said in a smug manner they make the final decision on my payback plan and they want it in back full within 3 years.

It’s pretty obvious to me that they’re trying to cover their butts for all mistakes they made so I’m going to print out the POMS manual and take it in to request I be paid my 6 months of provisional benefits from Jan to June.

[Janke]

Why oh why would you not want the full overpayment waived? You talk about all of SSA's errors. Seems to me you would be pointing the finger at SSA.

EXR cases are labor intensive. And don't automate well. It may not be possible to change the system while you are being paid under EXR.

You are going to use up your paper and ink to print POMS to bring it to the office in order to force the staff to follow it??? Talking to the supervisor or the technical expert may be the better route, but even their hands can be tied and they have to wait for the payment center. Just depends.

[Hemispheres]

I’m trying to work out a payment plan because my office claims they have the final say regardless of whether I want it waived or a repayment plan scheduled, and basically hinted that they would decline it. If they do so I’m appealing to a judge.

Given the POMS manual states they have to start provisional benefits the month after my filing for EXR which would mean at the very latest I’m owed benefits since Feb, if not Jan. The delay could only be explained by them not filing paperwork in a timely manner. However the date I signed the paperwork would dictate when provisional benefits start, not the date they are filed.

Either way I’m going to request my they fix the provisional benifits via their operations manual and if they refuse I’ve got the number for the Philadelphia regional office.

Well good news. Got a letter saying my request for waiver was denied but I have an appointment tomorrow morning. I was asked to bring all proof of bills etc to my appointment and I’ll also be bringing the copy of my RFR paperwork they gave me to show I never asked for the full amount to be waived.

On the provisional benefits side I found the name, number and address of the regional commissioner in Philly as well as a few articles online stating a rep from my congressional district can help sort out the mess and get the paper pushers back on track.

We’ll see what happens.

[Hemispheres]

6/13/2018

Still getting the run around. My apt lasted like 20 mins as the lady rushed me through it, first claiming everything was already filed and she had no idea why I was there. She kept cutting me off as I tried explaining the case to her and told me copies of my bills weren't necessary even after she read the letter which claims it was. She screwed me over by telling me I was signing to have the $300 out of my benefits, however based on the date she most likely placed it against my provisional benefits. Spoke with a supervisor who didn't know his ass from his elbows either but luckily I recorded my convo with him. July 3rd will tell what happens.

[Mercy&Grace]

Did you get the supervisors,permission to tape him ? You need to check the laws in your state. Taping someone without their consent may or may not be against the law.

[Hemispheres]

I don’t need it. In my state it’s one party consent unless there’s a reasonable expectation of privacy but they can’t argue that because you can clearly hear other people in the background answering questions and giving personal information to the reps.

[Mercy&Grace]

How do you plan on using the recording ? I do not think the recording is going to make much, if any difference. Your interpretation of POMS does not matter.

[Hemispheres]

I’ll use it in appealing a decision. The poms manual explicitly states that provisional benefits start the month after you file for EXR, not the month after they filed it. There’s no way to misinterpret it, they’re just refusing to do things by the book in an attempt to cost me benefits. There was a guy in the office while I was waiting on the supervisor who had a similar issue where he was unable to work and they misplaced his paperwork and gave him the run around. Reviews on google for that office show it’s something that they like to do to folks they aren’t fond of.