no fault overpymt. deducted from backpay

[slamina]

What is the name of your state (only U.S. law)? Iowa.
I won SSDI benefits in 2001 but the case was reopened and remanded back to a ALJ for review and biasedly decided not disabled. I was receiving checks throughout this time and up until 2 months after I received notice of the denial and ending of benefits. My lawyer advised me to cash the 2 checks received after notice due to my needing money at that time.
Later I applied for a waiver of repayment of all benefits paid to me. I was granted a waiver of all except for the 2 months after the notice which I have repaid.
I won my disabilty case in federal court in 2010 and going back to 2002. I received backpay minus lawyer fees and the entire overpayment amt.. Can the SSA take a waivered backpayment amt. from my due money?
I agree with the 2 checks i did cash since I knew of the benefits ending but before that, I was determined not at fault since the ALJ only disputed a restriction from my Dr.. and not a fault of mine. This is a complex case and I realize the question is not general. Any help would be greatly appreciated.

 

[BL]

What is the name of your state (only U.S. law)? Iowa.
I won SSDI benefits in 2001 but the case was reopened and remanded back to a ALJ for review and biasedly decided not disabled. I was receiving checks throughout this time and up until 2 months after I received notice of the denial and ending of benefits. My lawyer advised me to cash the 2 checks received after notice due to my needing money at that time.
Later I applied for a waiver of repayment of all benefits paid to me. I was granted a waiver of all except for the 2 months after the notice which I have repaid.
I won my disabilty case in federal court in 2010 and going back to 2002. I received backpay minus lawyer fees and the entire overpayment amt.. Can the SSA take a waivered backpayment amt. from my due money?
I agree with the 2 checks i did cash since I knew of the benefits ending but before that, I was determined not at fault since the ALJ only disputed a restriction from my Dr.. and not a fault of mine. This is a complex case and I realize the question is not general. Any help would be greatly appreciated.

Perhaps it boiled down to ,

You were awarded the entire back pay ,but the 2 months cashed checks were deducted from that .

Makes sense ?

I understand you ask for waiver ,but your own attorney told you to cash them as you need money .

If you're going back to 2002 what's the 2 months you did use the money anyway ? In other words you must have received a big chunch a money.

 

[slamina]

No, they withheld almost 42,000.00 of which all but the 2 months in amt. of 2,400.00 was not waived. I have read that if a claiment is appealing an adverse action and it's not decided in their favor, the resulting overpayment is not considered a improper pymt. because it was statutorily required at the point it was made. Yes, I did get a fair amt. of money but I have worked all my life and always made good money.
The judge who made the decision on my reopened case was later found by the Federal judge to have been biased but there is no proof. I am definately disabled. I see so many people like my neighbor who get's disabiltiy for a bad back (only) is cleaning her eve spouts and putting in a new basement ceiling herself. Those people are who hurt the system. I just wanted to clarify the validity of my case.

 

[BL]

No, they withheld almost 42,000.00 of which all but the 2 months in amt. of 2,400.00 was not waived. I have read that if a claiment is appealing an adverse action and it's not decided in their favor, the resulting overpayment is not considered a improper pymt. because it was statutorily required at the point it was made. Yes, I did get a fair amt. of money but I have worked all my life and always made good money.
The judge who made the decision on my reopened case was later found by the Federal judge to have been biased but there is no proof. I am definately disabled. I see so many people like my neighbor who get's disabiltiy for a bad back (only) is cleaning her eve spouts and putting in a new basement ceiling herself. Those people are who hurt the system. I just wanted to clarify the validity of my case.

Have you taken your paperwork you received to your local SSA Office for reveiw ?

 

[slamina]

I have called them and they tell me they have no jurisdiction over cases that have gone to federal court. I've called 2 times. It's like they just don't want to deal with it. It needs resolved. Thanks so much for all your help and suggestions. It's appreciated.

 

[LdiJ]

Do I understand you correctly?

You received SSDI for a period of time. Then they told you that you were not eligible and stopped the payments. They waived you having to repay a great deal of what you received.

Then, you reapplied and received backpay clear back to almost the original date and they deducted the waived repayment money from your backpay?

Unless I have misunderstood, that was valid because you did already receive money for that period of time, therefore it would be a double dip if they didn't deduct it now.

 

[slamina]

There's still a problem because my lawyer is getting 1/4 of my entire back pay amt.., incl. what was waived, etc. and I had already paid the lawyer I had at the time for that back pay. There is still a fair amt. of money not accounted for and in which my lawyer is getting paid for.
I do agree that the overpayment was actual money I received and should not have been paid again to me in my backpay but it's still short several years by my calculations and my lawyer. He claims he hasn't been paid yet but I believe he has and knows it's more than it should be. I'm going to take a break from all this for a day or so. Its' too stressful. If you want I can post back what I find out. Thanks again. You've been very kind.

 

[slamina]

Do I understand you correctly?

You received SSDI for a period of time. Then they told you that you were not eligible and stopped the payments. They waived you having to repay a great deal of what you received.

Then, you reapplied and received backpay clear back to almost the original date and they deducted the waived repayment money from your backpay?

Unless I have misunderstood, that was valid because you did already receive money for that period of time, therefore it would be a double dip if they didn't deduct it now.

They only went back to the date my payments were stopped. They are applying 42,000. to a overpayment they waived back then.

 

[Onderzoek]

Not even going to attempt to answer this one.

 

[BL]

I'd suggest a contact with your local congress person . See if the can research it and advise .

 

[slamina]

BL- Thanks I'll do that tomorrow.