Ask Larry

What Can I Do To Keep My Reasonable Repayment Plan?

I will try to be brief in my explination. I received SS disability benefits for several years and eventually SS determined I could return to work. My doctor and I disagreed and I opted to be paid while appealing this decision. The decision stood and I returned to work. That year of benefits was determined to be an over payment and I enrolled in a payment plan I could not really afford so I appealed for waiver of over payment collection. Supporting documents ant the original claim were lost, I was not informed and this set the stage for wage garnishment (which I still can't afford). I finally got my appeal on track in time to prevent withholding. I laid out my finances and lifestyle and explained I could afford $125/month. eventually I was contacted to set up a more realistic payment plan an received approval. The office that created the new payment plan did not communicate with the office that issues the garnishment and now I have both and no one will take responsibility or even try to understand that there is a problem.
My question to you: What is my next step to keep my reasonable repayment plan.

Hi,

Once wage garnishment to recover an overpayment has been initiated, an agreement to repay the overpayment by installments will not stop the garnishment. What you could do, though, is request a lower garnishment rate due to hardship. If Social Security approves your request they can reduce the garnishment rate to a lower amount. The lowest amount they will accept is $10 per day, and the daily rate must be high enough to permit the entire overpayment amount to be recovered within 12 months, or 36 months if you can prove to Social Security that a higher rate would prevent you from being able to pay your ordinary and necessary living expenses.

If you had an installment repayment agreement in effect prior to initiation of the wage garnishment and you were making your scheduled payments timely, then Social Security should not have initiated garnishment of your wages. If that's what happened and you can't get Social Security to correct their mistake, you may want to try contacting the office of one of your U.S. senators or your congressional representative to ask them to try to help you resolve the problem.

Best, Jerry

Posted: 
Feb 13 2019 - 5:37pm
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