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Can You Give Me Any Advice?

I Bet I have the most unusual case you ever heard....filed for disability in 2012,was awarded disability in 2015. In March 2019, it was taken with no warning, due to what I believe was retribution for filing the appeal.need advice desperately have No where to turn.they took my social security Medicare, they change my onset date, Which knocks me out of my Social Security being able to draw on and my deceased husband as well.they say I am disabled 16 months later than 2015 that I owe thousands of dollars to them. But are unsure what to do with me at my local office they say I might have to re-file everything to even receive SSI even though Social Security‘s doctor when he reviewed my case said in 2015 he thought I was disabled a year prior to me even filing I have not worked since 2009 .. social security wants me to file a waiver asking that all the money be forgiven that I supposedly owe them but I have never received anything in writing asking for the repayment . I have had to contact legal aid I honestly can’t get a straight answer from anyone . There were mistakes made on my case from the very first day. It just seems to be one mistake after the other since then .. my local Social Security office says they are waiting for a phone call from another location as to what to do letting them know if I would have to re-file everyhing. I am currently under an appeal .. I ask for the phone number of the office that is supposed to call them back they claim there is no number they can give me .. I did have an attorney he quit during this process . Any advice would be greatly appreciated

Hi,

I'm sorry to hear about the problems you're having with Social Security. It certainly sounds like a nightmare. Social Security almost never goes back and retroactively changes an established disability onset date unless there were unreported earnings involved, and that apparently wasn't involved in your case. Unfortunately, I don't have enough information to be able to properly advise you, and I can't even begin to guess at root cause of the problem.

It sounds like you've already filed an appeal, which is probably the best thing you can do. And, if Social Security is saying that you've been overpaid benefits, you should probably also consider filing for a waiver (i.e. forgiveness) of the overpayment. In order to be approved for waiver you must a) be without fault in causing the overpayment, and b) either be unable to afford to repay the overpayment or recovery of the overpayment would be unfair for some specific reason (https://secure.ssa.gov/apps10/poms.nsf/lnx/0202250150).

Best, Jerry

Posted: 
Apr 2 2019 - 10:09am
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