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SSDI Overpayment - Printable Version

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SSDI Overpayment - Cervical_Fusion - 08-28-2014

I received a 7 page letter from Social Security. Since I am now getting permanent total disability payments from workmans comp, and I got 4 years of back pay, Now SSDI wants their money. I got about 50 grand back pay, attorney gets 20 ssdi wants 15900. and I get about 15000 for myself. What a shame it cost me that much. and now they are taking away 1000 a month of my SS payments.
I went to my SS attorney and his office sent me a letter saying he can help, so I hope he can get some of it changed. I have to appeal the letter I got, so why it is in appeal they will not decrease my monthly amounts and I do not have to write the check to them. I still do not know what he thinks he can do to decrease it. as soon as I get the appeal papers filled out they will schedule me a meeting with him to go over it.
I do not see what he may have in mind other than me making payments to ss so I do not have to pay it all back at one time.. that is 6 of one or half dozen of the other, I will have to be done one way or another.
We will see and I will keep u updated on here. This is why I have not spent much of the back pay money.


RE: SSDI Overpayment - jayne - 08-29-2014

geeze ahhh geeze I dont understand Bill was a truck driver for Pepsi and made good money his take home was around 1500 a week course Ar at the time had a max of 350 a week.we didnt have to pay any back pay...


RE: SSDI Overpayment - bronco54501 - 08-29-2014

From my understanding, If in the wording of wc settlement shows back pay for what ever time is written they can take some money. Within mine even though they owed me 2 1/2 years back pay it wasn't worded as back pay, it was just added up and was written as I gave up my right to back pay and settled with a annuity.

Maybe your attorney can get the wording changed, On my papers it said I had 1 year to change the agreement, but I also had the annuity so that might have been why it said that.....


RE: SSDI Overpayment - Manley2 - 08-29-2014

There are ways to write it up so it doesn't hurt you like that but not sure on the rules to change it. All this is part of why I don't think it would be bad if they just kept paying me and not to settle.
Good luck


RE: SSDI Overpayment - Cervical_Fusion - 08-29-2014

(08-29-2014, 10:05 AM)Manley2 Wrote: There are ways to write it up so it doesn't hurt you like that but not sure on the rules to change it. All this is part of why I don't think it would be bad if they just kept paying me and not to settle.
Good luck

Manely I did not settle, they just started my payments back, they had to do 4 years back pay to get it caught up.....
There was no settlement. They will pay me the rest of my life.
There is no other way to write it other than the way way it is.


RE: SSDI Overpayment - Manley2 - 08-30-2014

Sorry I read things and don't really understand it sometimes. I'm not sure there is anything they can do to change this. Would wonder why they couldn't just take some amount every check until it is paid back. Maybe they could reword it so it's not backpay but I'm not sure they still wouldn't look at it as income and figure you still owe them


RE: SSDI Overpayment - bronco54501 - 08-30-2014

C-F, I thought you went to court and they found you 100% disabled..

Before I settled my attorney went over the procedure if we ended up letting the judge decide... If I was to win the employers ins company was going to fund a annuity big enough to be able to fund me equal to what my ttd was. As with me I still remain without ssdi, but if I would have had it there was not going to be any back pay in the wording but just a 1 time up front cash equal to what the back pay would have been. This was to just offset it for the 1 year pay out..... Sounds crooked but most wordings are when lawyers are involved....


RE: SSDI Overpayment - Cervical_Fusion - 09-01-2014

(08-30-2014, 06:13 PM)bronco54501 Wrote: C-F, I thought you went to court and they found you 100% disabled..

Before I settled my attorney went over the procedure if we ended up letting the judge decide... If I was to win the employers ins company was going to fund a annuity big enough to be able to fund me equal to what my ttd was. As with me I still remain without ssdi, but if I would have had it there was not going to be any back pay in the wording but just a 1 time up front cash equal to what the back pay would have been. This was to just offset it for the 1 year pay out..... Sounds crooked but most wordings are when lawyers are involved....

Bronco we did go to court and I was found 100 percent disabled. They had to restart the workmans comp bi weekly checks, They had to give me 4 yrs back pay, SS is wanting their share of the back pay. This is all because of the offset and the 80% rule they have. They are also decreasing my monthly SS payment by 1000 dollars a month. This will go on until I reach full retirement age. SO my suggestion to others is if you can settle your workmans comp before you apply for SS, it would be to your benefit financially to do so. So you do not end up in a situation like I am in. I have the papers appeal this, I need to get them ready today so I am see the attorney in the next couple of days to see what he feels he can do for me.


RE: SSDI Overpayment - bronco54501 - 09-01-2014

(09-01-2014, 01:17 PM)Cervical_Fusion Wrote:
(08-30-2014, 06:13 PM)bronco54501 Wrote: C-F, I thought you went to court and they found you 100% disabled..

Before I settled my attorney went over the procedure if we ended up letting the judge decide... If I was to win the employers ins company was going to fund a annuity big enough to be able to fund me equal to what my ttd was. As with me I still remain without ssdi, but if I would have had it there was not going to be any back pay in the wording but just a 1 time up front cash equal to what the back pay would have been. This was to just offset it for the 1 year pay out..... Sounds crooked but most wordings are when lawyers are involved....

Bronco we did go to court and I was found 100 percent disabled. They had to restart the workmans comp bi weekly checks, They had to give me 4 yrs back pay, SS is wanting their share of the back pay. This is all because of the offset and the 80% rule they have. They are also decreasing my monthly SS payment by 1000 dollars a month. This will go on until I reach full retirement age. SO my suggestion to others is if you can settle your workmans comp before you apply for SS, it would be to your benefit financially to do so. So you do not end up in a situation like I am in. I have the papers appeal this, I need to get them ready today so I am see the attorney in the next couple of days to see what he feels he can do for me.

Very good advice, the problem is that wc tries to starve people so it forces them to apply for ssi/ssdi, some can hold off and some loose everything before they they get approved..

Hopefully your attorney can find a loop hole.


RE: SSDI Overpayment - Manley2 - 09-01-2014

My ex-employer made me apply for SSDI when they put me off work. And now that they want to settle they say the set-a-side is too high so they want to have open medical. Not sure this worked out the way they would have liked because I don't want open medical. And the reason is they have not been paying the bills for the last 4 years so why would I think they will pay anything with open medical. They did offer several years ago to pay everything for my SCS for life but nothing else