Avoid Social Security Disability Overpayments!
Posted: Thursday, May 06, 2010
by jervalaw
Law Office of Jerry Lutkenhaus
As a Social Security Disability practitioner for over 35 years in Virginia, I often see the sad case of overpayments. This occurs when disabled workers try to do a some work to supplement the disability payment.
An overpayment occurs when Social Security determines the claimant has unreported income from work that disqualifies the claimant for benefits. The biggest problem arises from the fact it usually takes Social Security a number of years to make this determination. By the time the determination is made, there can be a massive overpayment. A social worker called me yesterday about a claimant who had a $100,000.00 overpayment. This poor individual was mentally challenged but was back trying to work with a Job Coach. Not only was his Social Security cut off but he owed the afore-mentioned overpayment because he had worked for years.
2005 - the SGA amount was $830.00;
2006 - the SGA amount was $860.00;
2007 - the SGA amount was $900.0;
2008 - the SGA amount was $940.00.
One big problem many claimants encounter is they think they can use net income as SGA but Social Security uses gross income to determine SGA.
If Social Security declares an overpayment, the claimant can appeal the overpayment. Occasionally, one can do this successfully if for example the claimant had to incur a great deal of medical expense in order to work.
Also, if Social Security declares an overpayment, the claimant can file for a waiver of the overpayment if (1) the claimant was not at fault in the overpayment and (2) the claimant does not have the resources to pay back the overpayment.
It is often difficult to obtain an attorney for an overpayment since the claimant is not trying to win any money but is just trying to avoid paying back an overpayment. The best advice is to avoid an overpayment by watching carefully what you make in part-time or full time work. If the claimant does return to work while on disability, the best advice is to contact an experienced social security lawyer as soon as possible.
This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Jerry Lutkenhaus has been a practitioner of Social Security Disability law in the Richmond, VA for over 35 years. He was given an "AV" rating by Martindale-Hubbell in 2003. Richmond Magazine has listed Mr. Lutkenhaus as one of the best lawyers in central Virginia. There is more information at www.virginiadisabilitylawyer.com or www.geraldlutkenhaus.com.
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Top-level comments on this article: (1 total)Definately!!!As I have said in the article TT Social Security Disability payments are avoidable. It just takes a bit of due diligence to know the rules.
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