Am I responsible to pay erroneuosly recieved disability payments from Socail Security?
Posted: January 10th, 2011 | Author: | Filed under: Q & A | Tags: disability, erroneuosly, from, payments, recieved, responsible, security, Socail | 4 Comments »OK further on. I was on disability for a number of years due to on going health issues with my blood and my legs. I am no longer and have not received any benefit payments for over 2 years. I received a letter from Social Security stating that I had “erroneously” received payments from 2003 to 2007. With this they are saying I need to pay it back.
The reason I was on disability is that I have been dealing with venal stasis ulcers for more than 25 years. I have had deep venal thrombosis in both legs and experienced a pulmonary embolism, major, in my right lung. Due to the thick blood it causes extreme swelling in my legs. This is ongoing even though I have chosen to return to the work force.
My question is this: Can they take legal action, such as the US Marshal’s coming in and taking all of our belongings to sell at an auction? This is something they do with the IRS at times. We do not have the money nor do I anticipate a way to get it. The money is gone as it is what we lived on and without the Medicare insurance I would never have received the care I needed in order to be where I am now.
My disability was not physically noticeable, unless I wear shorts, so it is not a back injury nor a neck injury or anything else which hampers mobility. I simply can not remain on my feet for extended periods of time, nor can I remain seated either. I must sit with my feet elevated above my heart for at least 15 minutes every hour. Try explaining that to an employer.
Any professional legal advice would be appreciated, with case supporting information of rulings.
Thank you.
“Any professional legal advice would be appreciated, with case supporting information of rulings” – That would be best obtained from a lawyer.
You really should call a lawyer who specializes in Social Security disability law in your geographical area. You might need to talk with several of them before you find the right lawyer or law firm for you. You can search for such lawyers from this link:
http://lawyers.findlaw.com/lawyer/practice/Social-Security-Disability
You can also enter “Social Security” after “OR Enter Other” in the search window from this link:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx
what you went through is irrelevant.
the real question i see is, do you have to pay it back?
and i would say if they have stated you must then you must.try to contact them and work out a reasonable amount to get this thing done.
they will most likely ask for a percentage of any wages you will get.
just remember this will end.
and so you know it really is unfortunate that they made this mistake and you are the one who is being punished.
there may be some sort of way to fight this from within they’re own system, as in an appeal or some such thing.
good luck.
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While Social Security will send out these letters if you owe money that was paid in error, they rarely will follow up with any legal action. They will wait until you either qualify for disability again, and then will keep a little out of your check every month, or they will wait until you are retirement age and keep money out of your retirement benefit. You need to speak with them now and see what you can work out with them. As a federal agency, they are not as nasty as the IRS and are much easier to work with.