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Is There Anything I Can Do?

I was working part time and I was on ssdi. I stayed below the SGA monthly amount. My part time job was a debt collector. My employer had been giving collectors weekly prizes for contests of how many collection payments per hour were obtained. For example if a collector got at least 2.5 payments per hour then they would receive a prize (initially were gifts or gift cards). If the collector got less than 2.5 payments per hour then they would receive no prize. Later in the year my employer had changed the prize method to cash incentive pay. So instead of a gift or gift card the prize would now be $.50 cents per collection payment obtained (only if the collector averaged a minimum of 2.5 payments per hour for that week). The SSA office is stating that the incentive pay is counted in my monthly SGA earnings and since has terminated my ssdi benefits and also stating that I owe them over $68,000 of overpaid benefits.The incentive pay is what put me over the monthly SGA.
Is there anything I can do? This is a nightmare.

Hi. You may be able to appeal Social Security's determination if no more than 60 days have passed since you were notified of the decision (https://www.ssa.gov/pubs/EN-05-10058.pdf). However, it sounds to me like the incentive payments you describe would count as earnings for Social Security purposes. Refer to section D of the following reference from Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0410505010.

Bonuses count as wages for Social Security purposes, and your incentive payments certainly sound like bonuses for work performed. And, if the bonuses caused your average monthly earnings to exceed the amount that Social Security considers to be substantial gainful activity (SGA), then it may be that the termination of your disability benefits was proper.

Other options you have would be to reapply for disability benefits if your earnings are now below SGA level And, with regard to your overpayment, you could file for waiver (i.e. forgiveness) of the overpayment. But, to be approved for waiver you must be a) without fault in causing the overpayment, and b) you must either be unable to repay the overpayment even in installments, or recovery of the overpayment would have to be considered as unfair for reasons specified in Social Security law (https://secure.ssa.gov/apps10/poms.nsf/lnx/0202250150).

Best, Jerry

Posted: 
Jul 29 2022 - 7:18am
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