Ask Larry

Can Social Security Reduce My Benefits Because Of Disability Payments I Received In The Past?

I turned 66 in March of this year and applied 3 months prior for SS. I am widowed and started receiving SS in February under my husband. Just recd a letter from SS that they are reducing my monthly benefits by almost 400.00 per month and since i was overpd I owe 3,100. I called SS. Since I recd SS disability in 2003, was encouraged to apply by the company I was receiving benefits from my employer, this payment reduces my now SS benefit. SS states I recd disability under my husband as a disabled widow and that I recd benefits from May,2003 thru Aug 2005. However I returned to work 9/2004 and notified SS. I also had to retun an overpmt of 7200.00 which I returned. Can SS REDUCE MY SS benefits because of those disability payments?

Hi,

If you received disability benefits in the past to which you weren't entitled due to a return to work, then yes Social Security can at least propose to recover the overpayment by withholding your current benefits. You should have appeal rights, however, and you can file for waiver (or forgiveness) of the overpayment.

Your appeal rights should be spelled out in the letter you received from Social Security that notified you of the proposed withholding of your benefits. If you feel the overpayment is incorrect, or if it wasn't your fault and you can't afford to pay it back, you should file an appeal or a request for waiver. You generally only have 60 days in which to file the appeal or waiver request, so be sure to file your request timely.

Best, Jerry

Posted: 
Oct 2 2016 - 5:30pm
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