Ask Larry

What Should I Do If Social Security Says That I'm Overpaid?

Hello
I receive SSDI. I received a letter stating that I received over payment due to gainful and substantial work activity for July 2017 to June 2018. I added my pay stubs for this period. My total income was 12, 446. The letter I received states that I owe social security $ 9,117. My income during this period was below the threshold. What should I do? Furthermore, when someone does go over the income limit, do they have to pay back social security funds for the year? Even if they go over the limit by a small amount. ( for example $800.)

Thank you for your time and assistance in answering these questions.

Mary

Hi Mary,

If you're receiving Social Security disability (SSDI) benefits and you earn above the substantial gainful activity (SGA) limit after completing your trial work period, your SSDI benefits can potentially be terminated. Depending on how long the SGA continues, SSDI benefits can sometimes be suspended and reinstated after the SGA ends, as opposed to an outright termination of entitlement. In either case, though, you would lose your entire Social Security benefit payment for whatever months you are determined to have earned too much to be due benefits, even if you only exceeded the limit by a small amount.

The monthly SGA limit in 2017 was $1170, and it was $1180 in 2018. I don't have enough details about your circumstances to know if Social Security's determination is correct or not, but If your gross wages were below the SGA limit in the months in question then you would probably want to appeal Social Security's determination (https://www.ssa.gov/pubs/EN-05-10041.pdf).

Best, Jerry

Posted: 
May 1 2019 - 6:01pm
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